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