It is of Compaq policy to control the use of and access to proprietary
diagnostic software.
A. Detail
1. Source Code
Source Code for Compaq proprietary diagnostic software, whether
in human- or machine-readable form, is not sold, licensed, nor
otherwise distributed without prior approval of the Corporate
Vice President for Multivendor Customer Services.
2. Object Code
Object code, in binary form, for Compaq proprietary diagnostic
software is available for sale or license, as applicable, under
Compaq standard terms and conditions of sale and service. Certain
limitations apply to Compaq licensed trade secret diagnostic
software (see Paragraph 3).
3. Licensed (Trade Secret) Diagnostics - VAX-11 Family, VAX
BI Family, DECsystem 10/20, MicroVAX).
- Licensed diagnostics are trade secrets of Compaq Computer Corporation
and are made available solely for a Licensee's use in maintaining
the specified computer system. They always remain the exclusive
property of Compaq.
- Licensed Diagnostics are made available only to owners, lessees
and end-users of corresponding Compaq computer systems under
a license to install and use the diagnostics only on a single
CPU as identified by its individual CPU serial number.
- Licensed diagnostics left on customer's site for use by Compaq
Services personnel may not be used or copied by the customer unless
the customer has been appropriately licensed by Compaq. Upon
completion or termination of Compaq on-site service obligations
(e.g., Installation, Warranty, or Service Agreement), the diagnostic
software must be physically removed from the customer's site by
Compaq personnel. Diagnostics for which the customer has purchased
a license will not be removed.
- Licensed diagnostics that are accessed by customers while
attending Compaq Customer Maintenance Training may not be copied
or removed by the customer from the training site.
- To control distribution and maintain security of its trade
secret diagnostic software, Compaq only licenses such diagnostic
software to owners, lessees or end-users who have physical control
of the system on which the diagnostics are installed and who respect
the proprietary and confidential nature of the diagnostics and
do not misuse them.
- Compaq does not license its trade secret diagnostic software
to brokers for resale or to independent maintenance suppliers
for use on their customer's systems. However, Compaq licensee
may permit its employees and agents to use diagnostic software
on a designated computer system on the licensee's behalf.
- Compaq diagnostic software licenses are issued to the customer
division, subsidiary, or organization specified on the license
invoice, license certificate, or other license document. Each
subsidiary or division is eligible to purchase "License Only"
rights-to-copy software provided under a license previously purchased
by the subsidiary or division.
Compaq diagnostic software licenses are issued to federal, state
or local government user activities (e.g., Base, Facility, University,
Department) specified on the license invoice, license certificate,
or other license document. Each user activity is eligible to purchase
"License Only" rights-to-copy software provided under
a license previously purchased by the use activity.
4. CPU Model Licensing - VAX-11 Models (700 Series), 8600/8650,
DECsystem 10/20
- VAX diagnostic software is not interchangeable among the various
VAX-11 CPU models. Consequently, VAX-11 diagnostic licenses are
not interchangeable among these models. An appropriate license/media
must be purchased for each initial CPU model. RTU licenses must
be purchased for each additional VAX-11 CPU of the same model.
- VAX Models 4000, 5000, 6000, 82/8300, 8500, 8700, 8800, 9000,
DECsystem 5000 and MicroVAX. An end-user intending to maintain
various CPU models must purchase a license for each CPU. In addition,
a customer must purchase the appropriate media/documentation kit
for the initial CPU.
5. Dual Processor Licensing
Dual processors are functionally a single CPU and require a single
license. The appropriate diagnostic license is determined by the
basic model diagnostic support required. For example, a VAX-11/782
System is comprised of two VAX-11/780 CPUs and therefore requires
a single VAX-11/780 Diagnostic License. Two CPUs operating in
parallel (one being a backup) require two licenses. If multiple
processor CPUs are reconfigured into stand-alone systems, each
CPU requires a license.
6. Cluster Licensing
Since many of the diagnostic programs for each CPU model are functionally
different and operate under unique diagnostic supervisors, each
CPU within a "CLUSTER" must be individually licensed.
There are no provisions for "cluster licensing" of multiple
model types within a cluster.
7. Personal Computers
Diagnostic software for personal computers (e.g., Professional
300 Series) is included in the Country Kit for the personal computer
and distributed directly to customers with a personal computer
Software Product License. This personal computer single-use end-user
license permits the customer to transfer the software (including
the diagnostics) with the personal computer to another party provided
the customer properly notifies Compaq. The customer accepts the
license terms when the seal on the box of software is broken (this
is Compaq standard practice for personal computer software).
8. Sublicensing and License Transfer
A sublicense contains the same rights and responsibilities
as a direct license from Compaq. In accordance with the terms
of its Compaq Authorized Reseller Agreement, an OEM who purchases
computer systems and appropriate diagnostic licenses may sublicensed
the diagnostic software to its end-user.
a. An OEM must always obtain a signed sublicense
agreement from its customer for the sublicense to be valid.
b. An OEM may not sublicense diagnostic
software to a customer to which the OEM has not sold a corresponding
hardware system.
A license transfer by an end-user is required to transfer
software to another user as part of a system sale or transfer.
a. Compaq must approve the transaction before the software
is transferred.
b. The new customer/licensee must sign a Compaq license
agreement and be registered by Compaq before software may be transferred.
9. Copyrighted Diagnostics
- Diagnostic software for certain hardware systems (for example,
PDP-8 and PDP-11) is protected by copyright and does not require
the purchase of a single-use, end-user license. U.S. copyright
laws prohibit the customer from making copies of copyrighted software
programs except for archival purposes, or to utilize the software
on a single system.
- It is of Compaq intentions in making these diagnostics vailable
to its customers that they may be used on a single system at a
time and not be reproduced. Accordingly, customers may not make
copies for use on multiple systems or for further distribution
without express reproduction authorization from Compaq (see Reproduction
Agreement).
- Copyrighted diagnostic software may be provided by Compaq
directly to customers with their systems or may be purchased separately
under Compaq standard terms and conditions.
- Reproduction of Copyrighted Documentation and Copyrighted
Diagnostics: An end-user or OEM with a reasonable need to reproduce
copyrighted Compaq hardware or software documentation or copyrighted
diagnostic software may purchase a Reproduction Agreement from
Compaq.
10. Warranty
Diagnostic software is provided "AS IS" without any
warranty of any kind, either expressed or implied. Compaq does
not warrant that the execution of diagnostic software shall be
uninterrupted or error-free.
IV. Policy Implementation
A. Definitions
Diagnostics - Computer programs that recognize, identify
and locate faults in equipment and indicate a need for repairs.
Diagnostic Subscription Update Service - A means to ensure
license holders keeping diagnostic software current with their
system hardware and software. Compaq provides an annual Diagnostic
Subscription Update Service for purchase. The service provides
selected media updates as new "releases" become available.
There is a separate service for each corresponding CPU model license.
All VAXmicro and VAXmacro diagnostics are provided in single kit
for each CPU model.
The following notice is included in Compaq Standard Terms in the Service Materials
section (Revision 1994).
"Compaq material's, including service tools, used in the performance of
installation, warranty or other Services, which are delivered with Products
or stored at Customer's site, remain the exclusive property of Compaq.
Customer will provide secure storage facilities for such
materials and will not use them or make them or any resultant diagnosis or
system management data available to other
parties without Compaq prior written consent. Parts replaced by Compaq
become the property of Compaq."
B. Reference Documents
Corporate
Software License Policies
Corporate Policies Governing Business Relationships with Alliances,
Distributors and Partners
