LICENSE.TXT
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- CALDERA'S OPENDOS END-USER LICENSE AGREEMENT.
- CALDERA OPENDOS IS AVAILABLE FOR INSTALLATION FROM THIS FILE SET.
- IF YOU CHOOSE TO INSTALL THIS SOFTWARE YOU ARE CONSENTING TO BE
- BOUND BY TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
- THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE WITH THE INSTALLATION
- AND/OR RETURN THE COMPLETE PACKAGE TO CALDERA FOR A FULL REFUND.
- THIS DOWNLOAD, CDROM OR OTHER SUPPLIED MEDIA/DISTRIBUTION IS PROVIDED
- WITHOUT TECHNICAL SUPPORT.
- This Agreement has 4 parts. At least two parts will apply to you.
- Part I applies if you have not purchased a license to the accompanying
- software (the "Software"). Part II applies if you have purchased a
- license to the Software. Part III applies to binary license grants
- to the Software within the categories of Part I or Part II. Part IV
- applies to source code license grants to the Software within said
- primary categories. If you initially acquired a copy of the Software
- without purchasing a license and you wish to purchase a license,
- contact Caldera, Inc. ("Caldera") on the Internet at
- http:/www.caldera.com or call +1-800-850-7779.
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID TO
- CALDERA (LIMITED LICENSE FOR EVALUATION, EDUCATIONAL AND NON-PROFIT
- USE) ONLY.
- Caldera grants you a non-exclusive license to use the Software in
- source or binary form free of charge if (a) you are a student,
- faculty member or staff member of an educational institution
- (K-12, junior college, college or library), a staff member of
- a religious organization, or an employee of an organization which
- meets Caldera's criteria for a charitable non-profit organization;
- or (b) your use of the Software is for the purpose of evaluating
- whether to purchase an ongoing license to the Software. The evaluation
- period for use by or on behalf of a commercial entity is limited
- to 90 days; evaluation use by others is not subject to this 90 day
- limit but is still limited to a reasonable period. Government
- agencies (other than public libraries) are not considered educational,
- religious, or charitable non-profit organizations for purposes of this
- Agreement. If you are using the Software free of charge, you are not
- entitled to support or telephone assistance. If you fit within the
- description of a non-commercial use license, you may use the Software
- in the manner described in Parts III and IV below under "Scope of Grant."
- DISCLAIMER OF WARRANTY FOR NON-COMMERCIAL USE.
- Software obtained free of charge, wether in source and binary forms,
- are provided on an "AS IS" basis, without warranty of any kind,
- including without limitation the warranties of merchantability, fitness
- for a particular purpose and non-infringement. The entire risk as to
- the quality and performance of the Software is born by you. Should
- the Software prove defective, you and not Caldera assume the entire
- cost of any service and repair you may desire. In addition, the
- security mechanisms implemented by Caldera software have inherent
- limitations, and you must determine that the Software sufficiently
- meets your requirements. This disclaimer of warranty constitutes an
- essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW
- EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
- TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
- GRANT. Subject to payment of applicable license fees, Caldera grants
- to you a non-exclusive license to use the Software in binary and source
- form and accompanying online documentation ("Documentation") in the
- manner described in Parts III and IV below under "Scope of Grant."
- LIMITED WARRANTY FOR COMMERCIAL USE.
- Caldera warrants that for a period of ninety (90) days from the date
- of acquisition, the Software, if operated as directed, will substantially
- achieve the functionality described in the Documentation. Caldera does
- not warrant, however, that your use of the Software will be uninterrupted
- or that the operation of the Software will be error-free or secure. In
- addition, the security mechanisms implemented by Caldera software have
- inherent limitations, and you must determine that the Software
- sufficiently meets your requirements. Caldera also warrants that
- the media containing the Software, if provided by Caldera, is free
- from defects in material and workmanship and will so remain for ninety
- (90) days from the date you acquired the Software. Caldera's sole
- liability for any breach of this warranty shall be, in Caldera's sole
- discretion:
- (i) to replace your defective media; or (ii) to advise you how to achieve
- substantially the same functionality with the Software as described in
- the Documentation through a procedure different from that set forth in
- the Documentation; or (iii) if the above remedies are demonstrated to
- be impracticable, to refund the license fee you paid for the Software.
- Repaired, corrected, or replaced Software and Documentation shall be
- covered by this limited warranty for the period remaining under the
- warranty that covered the original Software, or if longer, for thirty
- (30) days after the date (a) of shipment to you of the repaired or
- replaced Software, or (b) Caldera advised you how to operate the
- Software so as to achieve the functionality described in the
- Documentation. Only if you inform Caldera in writing of your problem
- with the Software during the applicable warranty period and provide
- evidence of the date you purchased a license to the Software will
- Caldera be obligated to honor this warranty. Caldera will use reasonable
- commercial efforts to repair, replace, advise or, for individual
- consumers, refund pursuant to the foregoing warranty within 30 days
- of being so notified.
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CALDERA.
- CALDERA MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT
- OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING
- WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR
- A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD;
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO CALDERA DEALER,
- AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS,
- OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the
- Software by you during the warranty period; if the media is subjected
- to accident, abuse, or improper use; or if you violate the terms of this
- Agreement, then this warranty shall immediately be terminated. This
- warranty shall not apply if the Software is used on or in conjunction
- with hardware or software other than the unmodified version of hardware
- and software with which the software was designed to be used as described
- in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
- AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
- PART III -- TERMS APPLICABLE TO BINARY LICENSE GRANTS
- SCOPE OF GRANT.
- For the binary license grants listed above, you may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each person accessing
- the Software through the network must have a copy licensed to that person;
- * use the Software on a second computer so long as only one copy is used
- at a time;
- * copy the Software for archival purposes, provided any copy must contain
- all of the original Software's proprietary notices and license terms;
- or
- * if you have purchased multiple licenses (as in a 10 Pack or a 50 Pack,
- for instance) you may make any number of copies of the Software (but not
- the documentation) up to the number licensed (10 or 50, in the example),
- provided any copy must contain all of the original Software's proprietary
- notices, marks and licenses. The number of copies is the total number
- of copies that may be made for all platforms. Additional copies of
- Documentation may be purchased.
- * REDISTRIBUTION OF THE SOFTWARE IS PERMITTED FOR NON-COMMERCIAL
- PURPOSES provided that the copyright notices, marks and these terms
- and conditions in this document are duplicated in all such forms and
- that the documentaiton, advertising materials, and other materials
- related to such distribution and use acknowledge that the software was
- developed by Caldera, Inc. Caldera's name may not be used to endorse
- or promote products derived from this Software without specific prior
- written permission. You may not:
- * permit concurrent use of the Software without proper licenses;
- * copy the Software other than as specified above;
- * rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software; or
- * remove any proprietary notices, licenses or labels on the Software.
- PART IV -- TERMS APPLICABLE TO SOURCE CODE GRANT
- GRANT. Caldera grants you a non-exclusive license to use the Software
- in source code form free of charge for personal, non-commercial use.
- The Software in source code form may also be used for commercial
- development purposes, provided a license is obtained from Caldera
- before any products or derivative works are shipped for commercial gain
- that utilize the Software , its components or derivative works.
- For the source code license grant, you may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each person accessing
- the Software through the network agrees to the terms and conditions
- of this license
- * use the Software on as many computers as needed provided that each
- person accessing the Software agrees to the terms and conditions of
- this license;
- * redistribute the Software for non-commerical purposes, provided any
- copy must contain all of the original Software's proprietary notices,
- marks and license terms. (Note: redistibution of derivative products
- for commercial gain is permitted, provided a license is obtained
- before the derivative products are exchanged for commercial gain)
- * copy the Software for archival purposes, provided any copy must
- contain all of the original Software's proprietary notices, marks
- and license terms.
- * modify, translate, compile, disassemble, or create derivative works
- based on the Software provided that such modifications are for
- non-commercial use and that such modifications are provided back to
- Caldera except for those who have obtained the right from Caldera
- in writing to retain such modifications; any modification, translation,
- compilation, disassembly or derivative work used for commercial gain
- requires a seperate license from Caldera;
- You may not:
- * permit other individuals to use the Software except under the terms
- listed above;
- * copy the Software other than as specified above;
- * rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software; or
- * remove any proprietary notices , licenses or labels on the Software.
- TITLE.
- Title, ownership rights, and intellectual property rights in the Software
- and all derivative works wether in binary and source forms shall remain
- in Caldera and/or its suppliers unless otherwise specificed in a
- seperate agreement with Caldera. The Software is protected by the
- copyright laws and treaties. Title and related rights in the content
- accessed through the Software is the property of the applicable content
- owner and may also be protected by applicable law. This License gives you
- no rights to such content.
- TERMINATION.
- The license will terminate automatically if you fail to comply with the
- limitations described herein. On termination, you must destroy all copies
- of the Software and Documentation.
- EXPORT CONTROLS.
- None of the Software or underlying information or technology may be
- exported or reexported (i) into (or to a national or resident of) Cuba,
- Iraq, Libya, North Korea, Iran, Syria or any other country to which the
- U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or the U.S.
- Commerce Department's Table of Denial Orders. By downloading or using
- the Software, you are agreeing to the foregoing and you are representing
- and warranting that you are not located in, under the control of, or
- a national or resident of any such country or on any such list.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
- THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CALDERA OR ITS
- SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
- INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
- CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
- GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
- ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EENT WILL CALDERA
- BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CALDERA
- RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CALDERA
- SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
- ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
- APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
- APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
- OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
- APPLY TO YOU.
- HIGH RISK ACTIVITIES.
- The Software is not fault-tolerant and is not designed, manufactured or
- intended for use or resale as on-line control equipment in hazardous
- environments requiring fail-safe performance, such as in the operation
- of nuclear facilities, aircraft navigation or communication systems, air
- traffic control, direct life support machines, or weapons systems, in
- which the failure of the Software could lead directly to death,
- personal injury, or severe physical or environmental damage ("High
- Risk Activities"). Caldera and its suppliers specifically disclaim
- any express or implied warranty of fitness for High Risk Activities.
- MISCELLANEOUS.
- If the copy of the Software you received was accompanied by a printed or
- other form of "hard-copy" End User License Agreement whose terms vary from
- this Agreement, then the hard-copy End User License Agreement governs your
- use of the Software. This Agreement represents the complete agreement
- concerning this license and may amended only by a writing executed by
- both parties.
- THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
- CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
- THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held
- to be unenforceable, such provision shall be reformed only to the extent
- necessary to make it enforceable. This Agreement shall be governed by
- Utah law (except for conflict of law provisions). The application the
- United Nations Conventio of Contracts for the International Sale of
- Goods is expressly excluded.
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by
- the Government is subject to restrictions set forth in subparagraphs
- (a) through (d) of the Commercial Computer-Restricted Rights clause
- at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software clause at
- DFARS 252.227-7013, or at 252.211-7015, or to Caldera's standard
- commercial license, as applicable, and in similar clauses in the
- NASA FAR Supplement. Contractor/manufacturer is Caldera, Inc. 633 South
- 550 East, Provo, UT 84606, U.S.A.