CALDERA DR-DOS BASED TECHNOLOGY BETA LICENSE AGREEMENT. 

CALDERA DR-DOS 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, CD-ROM 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) 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 specified in a separate 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. 

INDEMNIFICATION

Caldera hereby agrees to indemnify you against any claim of infringement relating to the Software, provided that You give Caldera prompt notice of any such claim and agree to immediately terminate any use alleged to be the basis of infringement. 
THE ABOVE STATES THE ENTIRE LIABILITY OF CALDERA WITH RESPECT TO INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS OR ANY OTHER FORM OF INTELLECTUAL PROPERTY RIGHT BY ANY PRODUCT SUPPLIED BY CALDERA. 

TERMINATION.

The license will terminate automatically if you fail to comply with the limitations described herein. Upon 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.
 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. 

CONFIDENTIALITY

You acknowledge that the Software provided by Caldera constitutes commercially valuable proprietary trade secrets and confidential information ("Proprietary and Confidential Information") of Caldera, the development of which involved the expenditure of substantial time and money and the use of skilled development experts. Confidential Information shall not include any information which (a) is or becomes generally available to the public other than as a result of a disclosure by Caldera or its representatives, (b) becomes available from a source other than Caldera; provided that such source is not at the time of disclosure bound by a legal, contractual, fiduciary or other obligation owed to either party to this agreement, or any of their respective representatives relative to the Information or (c) was available on a non-confidential basis prior to disclosure, as confirmed by Caldera in writing.  You acknowledge that the Proprietary and Confidential Information disclosed to you is on a confidential basis to be used only for the purposes described herein, and that during the term of this Agreement and thereafter until such time as the Proprietary and Confidential Information is no longer confidential, You shall not, without the prior written consent of Caldera, disclose, transfer, or release any Proprietary and Confidential Information, in whole or in part, alone or in combination with any other information, to any individual or entity.

MISCELLANEOUS.

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" DR-DOS-based Technology Beta License Agreement whose terms vary from this Agreement, then the hard-copy DR-DOS-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. 240 West Center Street, Orem, UT 84057, U.S.A.
