Binary Code License Agreement
This binary code license ("License") contains rights and restrictions
associated with the use of the accompanying VEX software (executables),
VEX sources and sample applications, and VEX documentation, and any
future error corrections or updates provided by Hewlett-Packard
"Software"). Read the License carefully before using the Software.
By using the Software you agree to the terms and conditions of this
1. LICENSE TO USE. Hewlett-Packard (HP) grants you a non-exclusive,
non-transferable, royalty-free and revocable license under HP's
Copyright to use the Software in binary form for the sole purpose of
(i) evaluating and testing the Software,
(ii) academic and commercial research and education, or
(iii) personal and lawful non-commercial end use.
No patent license is given by this agreement.
2. REPRODUCTION AND DISTRIBUTION. Licensee can reproduce and
distribute the Software for the above stated purpose provided that
(A) distributes the Software complete and unmodified;
(B) does not distribute additional software intended to replace any
component(s) of the Software;
(C) does not distribute the Software for profit and does not use the
Software in any commercial product;
(D) does not remove or alter any proprietary legends or notices
contained in the Software;
(E) agrees to indemnify, hold harmless, and defend Hewlett-Packard and
its licensors from and against any claims or lawsuits, including
attorneys' fees, that arise or result from the use or destruction of
3. RESTRICTIONS. The Software is copyrighted. Title to the Software
and all associated intellectual property rights is retained by
Hewlett-Packard and/or its licensors. Unless enforcement is prohibited
by applicable law, you may not modify, decompile, disassemble or
otherwise reverse engineer the Software. The Software may not be
leased, assigned, or sublicensed, in whole or in part. No right, title
or interest in or to any trademark, service mark, logo or trade name of
Hewlett-Packard or its licensors is granted under this Agreement.
4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS," without
a warranty or of any kind. ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED. In particular, the Software is not qualified for
diagnosing or treatment in any way of humans or other living beings, or
the testing or processing in any way of materials or goods of value.
The VEX software is not a Hewlett-Packard Product. The Software has not
undergone complete testing or HP's quality assurance program and may
contain errors and defects. It may not function properly and is subject
to change or withdrawal at any time. The user must assume the entire
risk of using the Software. No support or maintenance is provided with
the Software by Hewlett-Packard. Do not install the Software if you are
not accustomed to using experimental software.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL HEWLETT-PACKARD OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
OF LIABILITY, ARISING OUT OF OR RELATED TO THE FURNISHING, PERFORMANCE,
OR USE OF THE SOFTWARE, OR THE INABILITY TO USE THE SOFTWARE, EVEN IF
HEWLETT-PACKARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, SINCE THE SOFTWARE IS PROVIDED WITHOUT CHARGE, YOU AGREE
THAT THERE HAS BEEN NO BARGAIN MADE FOR ANY ASSUMPTIONS OF LIABILITY OR
DAMAGES BY HEWLETT-PACKARD FOR ANY REASON WHATSOEVER, RELATING TO THE
SOFTWARE OR ITS MEDIA, AND YOU HEREBY WAIVE ANY CLAIM IN THIS REGARD.
6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from
Hewlett-Packard if you fail to comply with any provision of this
Agreement. Upon Termination, you must destroy all copies of the
7. Export Regulations. The Software and technical data delivered
under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree
to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export,
re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions set forth
in this Agreement and as provided in DFARS 227.7202-1 (a) and
227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR
12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III)
(June 1987), as applicable.
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be
unenforceable, This Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you
and Hewlett-Packard relating to its subject matter. It supersedes all
prior or contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party.
The VEX package includes some software components (cpp, vcg, csim, libc) that are licensed under the GNU General Public License.
Source code for these components is
distributed with the VEX installation package and is licensed under the
terms of the GNU General Public