📄 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
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