Caldera OpenDOS - License & Terms and Conditions

Caldera OpenDOS 7.0 is available for download from this site, under the following terms and conditions. If you choose to download you are explicitly agreeing to the terms and conditions of this license. Read carefully before downloading Caldera OpenDOS (and thereby accepting these terms and conditions).

Caldera grants the licensee (the receiver of the software) the limited rights to possess and use the Caldera Inc software, on the terms and conditions specifically set out in this license. Software includes all files downloaded.

This license is effective as of the time the licensee receives the software, and shall continue until the licensee ceases all use of the software and returns or destroys all copies thereof, or until automatically terminated upon failure of Licensee to comply with any terms of this license.

The licensee is granted to use the software for its intended purposes. Licensee agrees that the software will be used solely for evaluation or personal use for the licensees internal use.

Under this license the software is made available solely for use by non-commercial end-users or commercial test and evaluation. For commercial users use is restricted for test and evaluation of the software for an unlimited time period but on a non-commercial basis.

Any reproduction or redistribution of the software is not in accordance with the License Agreement and is expressly prohibited by law, and may result in severe criminal or civil penalties.

Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Except where expressly provided in this license, Licensee may not use, copy, disseminate, modify, reverse engineer, distribute, sub-license, sell, rent, lend, give, or lease or in any way transfer using any means or medium, including telecommunications, the software. Licensee will use best efforts to take all reasonable steps to protect the software from unauthorized use, copying, or dissemination, and will maintain all proprietary notices intact.

Site license agreements are available for educational establishments on a per-site basis, but should be applied for through the Caldera Sales Department (Educational establishments qualify for special terms).

OEMs can use the downloaded software for test and evaluation prior to commiting to an OEM relationship, and MUST register their evaluation with Calderas OEM Sales Department, enabling Caldera to provide direct support and implementation advice.

For all other usage including Corporate and Commercial use of OpenDOS and derived products contact Caldera Sales

Limited Warranty. Except as restricted by law the software, documentation, and other information is provided as-is, with no warranties or implied warranties of any kind, including but not limited to warranties of merchantability, title, or fitness for a particular purpose. The files may not be used in any application where failure of the files may cause harm or injury to any human.

Disclaimer. Grant of license for the software does not include any consideration for assumption of risk by Caldera Inc, and Caldera Inc disclaims any and all liability for incidental or consequential damages arising out of the use or operation or inability to use the software, or arising from the negligence of Caldera Inc, or its employees, officers, Directors, Consultants, or Dealers, even if these parties have been advised of the possibility of such damages. Furthermore, Licensee indemnifies and agrees to hold Caldera Inc from such claims. The entire risk as to the results and performance of the software is assumed by the licensee. The warranties expressed in this license are the only warranties made by Caldera Inc, and are in lieu of all other warranties, expressed or implied, including but not limited to implied warranties of fitness for a particular purpose. This warranty gives you specific legal rights, and you may have other rights that will vary from jurisdiction to jurisdiction

General. This license is the complete and exclusive statement of the parties' agreement. Should any provision of this license be held to be invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the license shall nonetheless remain in full force and effect. This license shall be controlled by the laws of the State of Utah, and the United States of America.

U.S. Government Restricted Rights. The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 252.227-19, as applicable.

Manufacturer is: Caldera Inc, 633 South 550 East, Provo, Utah 84606, U.S.A.

OpenDOS:

Download (accepting the above terms and conditions)