CALDERAS OPENDOS-BASED TECHNOLOGY BETA LICENSE AGREEMENT.
CALDERA OPENDOS-BASED SOFTWARE IS AVAILABLE FOR INSTALLATION FROM
THIS FILE SET. THE TERMS BELOW REFER TO THE USAGE RESTRICTIONS.
This is Beta Software. You must assume that using it may mean deletion
of data on machines used for testing, and / or connected machines. The
software is tested wholly at your own risk. Beta software is by definition
possibly defective, but gives you a "first look" as a part of the on-going
testing.
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 for
Beta Testing in source or binary form (as applicable) for a period
limited to 90 days.
You are not entitled to support or telephone assistance. Usage
entitlement is limited to "Scope of Grant." as applicable in parts
III and IV below
DISCLAIMER OF WARRANTY.
This is Beta Software. You must assume that using it may mean deletion
of data on machines used for testing, and / or connected machines. The
software is tested wholly at your own risk. Beta software is by definition
possibly defective.
This software, whether in source and binary forms,
is 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 - Not applicable for Beta Software
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;
* copy the Software for archival purposes, provided any copy must
contain all of the original Software's proprietary notices and
license terms; or
* The software may
be used on different machines at the same Beta site, but not at
other sites, provided that the copyright notices, marks and these
terms and conditions in this document are duplicated in all such
forms and that the documentation, 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.
REDISTRIBUTION OF THE SOFTWARE IS NOT PERMITTED.
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 (if applicable).
The Software in source code form may not be used for commercial
development purposes.
For the source code license grant, you may:
* use the Software on any single computer;
* use the Software on a single site network, provided that each person
accessing the Software through the network resides at that site and
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;
* 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;
You may not:
* permit other individuals to use the Software except under the terms
listed above;
* redistribute or 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 whether 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 EVENT 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" OpenDOS-based Technology Beta License Agreement
whose terms vary from this Agreement, then the hard-copy
OpenDOS-based Technology Beta 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 WEB DOWNLOAD/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 Convention 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.
