This commit is contained in:
2020-11-04 23:59:28 +01:00
commit 34b50d2a29
232 changed files with 86161 additions and 0 deletions

282
LICENSE.TXT Normal file
View File

@@ -0,0 +1,282 @@
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.