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 TH
E 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 bi
nary 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 a
nd you wish to purchase a license, contact Caldera, Inc. ("Caldera") on the Internet at http:/www.caldera.com or call +1-800-850-7779.
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 bi nary 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 a nd 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 r eligious 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. T he 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 C aldera 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 limite d 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:
You may not:
* permit concurrent use of the Software without proper licenses;
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 obtai ned 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:
You may not:
* permit other individuals to use the Software except under the terms listed above;
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 Softwar e 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.
The license will terminate automatically if you fail to comply with the limitations described herein.
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.
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.
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