*End-User License Agreement
OpenLinux Version 2.3 End User License Agreement
Copyright ©1999 Caldera Systems, Inc. All Rights Reserved.
Do not install or use OpenLinux until you have read and accepted this Agreement. By installing or using OpenLinux you accept this Agreement. If you do not agree to this Agreement: (a) you must not install or use OpenLinux, and (b) you may return OpenLinux, including all packaging, media, and documentation, to the place of purchase for a refund, provided that the return is made within ten days of the date of purchase.
1. Licensee. "Licensee" is the person, company or entity who uses this OpenLinux Product. The Licensee must accept and agree to this Agreement before installing or using the OpenLinux Product.
2. OpenLinux Product. The "OpenLinux Product" includes three categories of computer programs: Caldera Systems Software, Third Party Software, and GPL Software. The term "Software" is used to mean any or all of the Caldera Systems Software, Third Party Software, and GPL Software.
(a) "Caldera Systems Software" consists of the following computer programs that have been developed or co-developed by Caldera Systems, Inc. Caldera Systems Software is freely distributable:
1. Lizard Install System
2. Netware Client for Linux
3. OpenLinux Windows Setup and Preparation Tools
4. Lisa Administration System
Caldera Systems (or its licensor, if applicable) owns the copyrights and intellectual property in and to each item of Caldera Systems Software. Caldera Systems Software is licensed by Caldera Systems to Licensee through the License of Section 4 below. Licensee is not entitled to any Caldera Systems Software source code unless, and only to the extent that, such source code is included by Caldera Systems in the OpenLinux Product (in which case such source code is included in the Caldera Systems Software licensed by Caldera Systems under the License of Section 4 below.
(b) "Third Party Software" programs are located on the Windows Tools and Commercial Packages CD. Please refer to the specific licenses associated with each individual software program.:
Third Party Software is included by Caldera Systems in the OpenLinux distribution to Licensee, but is licensed by third party licensors to Licensee. The license for each Third Party Software product is governed by a license agreement (included in or with the Third Party Software) between a third party licensor and Licensee. Third Party Software and all rights to use and copy Third Party Software are governed the applicable license agreement. Any documentation provided by the third party licensor for the Third Party Software and included in this OpenLinux distribution is also governed by the applicable license agreement. Licensee is not entitled to any source code of any Third Party Software product unless such source code is included by the third party licensor in the Third Party Software product and this OpenLinux distribution.
(c) "GPL Software" consists of the following computer programs:
1. Linux packages as selected, arranged and coordinated by Caldera Systems for inclusion in this OpenLinux distribution. GPL Software is not owned by Caldera Systems. GPL Software is distributed by Caldera Systems to Licensee for use by Licensee. GPL Software is distributed under the terms of the GNU General Public License, Version 2, June 1991, a copy of which accompanies this OpenLinux Agreement. The GNU General Public License governs the GPL Software and the copying, distribution and modification of the GPL Software. GPL Software source code is included in the GPL Software distributed to Licensee consistent with the requirements of the GNU Public License.
(d) Licensed, Not Sold. Caldera Systems Software, Third Party Software and GPL Software are not sold, but are licensed and distributed to Licensee. Any reference to the purchase or sale of the OpenLinux Product means, with respect to the Caldera Systems Software and Third Party Software, a purchase or sale of the applicable licenses. The license fees for such licenses are included in the OpenLinux purchase price. No fee is charged for any GPL Software license, but a fee for distribution (e.g., transferring a copy or copies to Licensee) is included in the OpenLinux purchase price. Ownership of copies of Caldera Systems Software, Third Party Software or GPL Software is governed by the applicable license agreement.
(e) Maintenance Releases. All maintenance releases, fixes, patches, work-around solutions, upgrades, and updates for or to the Caldera Systems Software, Third Party Software or GPL Software made available by Caldera Systems or its distributors, OEMs, VARs or other resellers to Licensee shall be deemed part of the Caldera Systems Software, Third Party Software or GPL Software as applicable, and shall be governed by this Agreement and the license agreements referred to herein, unless a different license agreement is provided with or made applicable to such maintenance releases, fixes, patches, work-around solutions, upgrades, and updates.
3. Documentation. "Documentation" means the online documentation and printed documentation, if any, provided to Licensee in connection with OpenLinux, except for documentation provided by third party licensors as provided in Section 2 (b) above. Whenever the context reasonably permits, any reference in this Agreement to Caldera Systems Software shall also apply to Documentation. The Documentation may be used by Licensee, but only in connection with this OpenLinux distribution.
4. License of Caldera Systems Software. Subject to the other provisions of this Agreement, Caldera Systems grants to Licensee a nonexclusive, nontransferable license to use the Caldera Systems Software (the "License"). Rights to Caldera Systems Software not expressly granted to Licensee in this Agreement are reserved by Caldera Systems.
5. Copies of Caldera Systems Software. Licensee may make copies of Caldera Systems Software provided that all Caldera Systems trademark and copyright notices are faithfully reproduced and included on copies made by Licensee.
6. Protection Of Caldera Systems Software. Except as expressly authorized in this Agreement, Licensee may not: (i) disassemble, decompile or otherwise reverse engineer Caldera Systems Software, or (ii) create derivative works based upon Caldera Systems Software, or (iii) rent, lease, sublicense, distribute, transfer, , modify or timeshare Caldera Systems Software, or (iv) allow any third party to access or use Caldera Systems Software, or (v) modify Caldera Systems Software (including any deletion of code from or addition of code to the Software).
7. Limited Warranty.
(a) Media And Documentation. Caldera Systems warrants that if the OpenLinux media or printed Documentation, if any, provided by Caldera Systems are in a damaged or physically defective condition when delivered and if they are returned to Caldera Systems (postage prepaid) within 30 days of the date of purchase, then Caldera Systems will provide Licensee with replacements at no charge.
(b) Caldera Systems Software. Caldera Systems warrants that if the Caldera Systems Software fails to substantially conform to the specifications in the Documentation or to any other Caldera Systems Software specifications published by Caldera Systems and if the nonconformity is reported in writing by Licensee to Caldera Systems within 30 days from the date the License is purchased, then Caldera Systems shall either remedy the nonconformity or offer to refund the purchase price to Licensee upon a return of the OpenLinux Product (including all packaging, media, and documentation) to Caldera Systems. In the event of a refund, the License shall terminate.
(c) Third Party Software. Warranties, if any, applicable to Third Party Software will be the warranties made by the third party licensors in the applicable license agreements.
(d) GPL Software. Pursuant to the GNU General Public License there is no warranty applicable to GPL Software.
8. Disclaimers And Limitations.
(a) Disclaimer Of Warranties. CALDERA SYSTEMS MAKES NO WARRANTY, PROMISE OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE CALDERA SYSTEMS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND.
Caldera Systems MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THIRD PARTY SOFTWARE. GPL SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. Caldera Systems DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Caldera Systems DOES NOT WARRANT THAT ANY THE SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. THIS AGREEMENT GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(b) Limitation On Liability. THE AGGREGATE LIABILITY OF Caldera Systems ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY OF THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED THE TOTAL PAYMENT MADE BY LICENSEE TO PURCHASE THIS OpenLinux PRODUCT. Caldera Systems SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR PROGRAMS, EVEN IF Caldera Systems HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MIGHT NOT APPLY.
(c) Responsibility For Decisions. Licensee is responsible for decisions made and actions taken based on the Software.
(d) Non-Parties. The officers, directors, employees, shareholders and representatives of Caldera Systems are not parties to this Agreement and shall have no obligation or liability to Licensee relating to this Agreement or the Software.
9. Sole Remedy And Allocation Of Risk. LICENSEE'S SOLE AND EXCLUSIVE REMEDY IS SET FORTH IN THIS AGREEMENT. This Agreement defines a mutually agreed-upon allocation of risk and the License fees reflect such allocation of risk.
10. Support. Nothing in this Agreement entitles Licensee to any support, maintenance or new versions or distributions of any Software. Licensee may contact Caldera Systems to determine the availability of support, maintenance and new versions and distributions of Software, and the fees, terms and conditions applicable thereto.
11. Governing Law. This Agreement shall be governed by the laws of the state of Utah and the United States of America without giving effect to conflict or choice of law principles. The parties agree to exclude application of the "United Nations Convention on Contracts for the International Sale of Goods" to this Agreement. Any litigation between the parties shall be conducted exclusively in Utah state courts or the federal district courts within Utah. The parties agree and submit to such exclusive jurisdiction and venue.
12. Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to the subject matter of this Agreement and may be amended only in a writing signed by both parties. No vendor, distributor, OEM, VAR, reseller, dealer, retailer, sales person or other person is authorized by Caldera Systems to modify this Agreement or to make any warranty, representation or promise which is different than, or in addition to, the warranties, representations and promises of this Agreement.
13. Termination. The License shall automatically terminate if Licensee materially breaches this Agreement. Upon termination of the License, Licensee shall cease all use of the Caldera Systems Software and shall destroy all copies of the Caldera Systems Software within the possession or control of Licensee and shall return the original Caldera Systems Software media and Documentation, if any, to Caldera Systems.
14. Government End Users. A "U.S. Government End User" shall mean any agency or entity of the government of the United States. If Licensee is a U.S. Government End User, then this Subsection (a) shall apply. The Caldera Systems Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.312 (Sept. 1995). Consistent with 48 C.F.R. 12.312 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Caldera Systems Software with only those rights set forth herein. The Caldera Systems Software (including related documentation) is provided to U.S. Government End Users: (a) only as a commercial end item; and (b) only pursuant to this Agreement.
15. Export Laws. Licensee shall not export, disclose or distribute any Software in violation of any applicable laws or regulations, including the export laws and regulations of the United States, and shall comply with all such laws and regulations.
16. Construction. In the construction and interpretation of this Agreement, no rule of strict construction shall apply against either party.
17. Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
*Caldera Systems' End User License Agreement is subject to revisions. Please see www.caldera.com for any updates.
Attachment: Copy of GNU General Public License
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright ©1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
--------
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
---------------------------------------------------------------
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- END OF TERMS AND CONDITIONS --