Caldera OpenDOS
License & Terms
and Conditions
CALDERA OPENDOS IS AVAILABLE FOR DOWNLOAD FROM THIS SITE. IF YOU CHOOSE TO DOWNLOAD THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT YOU ARE NOT AUTHORIZED TO CONTINUE.
If you wish to purchase a license of the Software contact Caldera, Inc. ("Caldera") on the Internet at http://www.caldera.com or call 1-800-850-7779 or 1-801-269-7012.
CALDERA OPENDOS END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED
Caldera grants you a non-exclusive license to use the Software 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 us
e 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. Government agencies (other than public libraries) are not considered educational, religious, or charitable non-profit organizati
ons for purposes of this Agreement.
DISCLAIMER OF WARRANTY.
Free of charge Software 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 borne by you. Should the Software prove defective, you and not Caldera assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLU
SIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF 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 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.
You may not:
permit other individuals to use the Software except under the terms listed above;
modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
copy the Software other than as specified above;
copy or reproduce the Software to any other computer for further reproduction or redistribution,
rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain in Caldera and/or its suppliers. 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 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 downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. ha
s 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 rep
resenting 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.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE A
ND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESI
DENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
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, WI
THOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CALDERA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CALDERA RECEIVED FROM YOU FOR A L
ICENSE 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 P
ROHIBITS 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"). Cald
era 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 Agree
ment represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to mak
e 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 subparag
raph (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.
OpenDOS:
A genuine DOS
A ROMmable DOS - designed from the start to execute out of ROM or RAM
Fully featured - A comprehensive DOS utility set
Complete with extensions - including drivers for CD-ROMs, etc.
Genuine multi-tasking, with API for developers
Includes 286 DPMS memory manager in addition to DPMI
Comprehensive Networking Client solution, Netware 3.X, 4.X and Personal NetWare
Includes PC-based Personal NetWare Server
Includes defacto disk compression - STAC
Complete with new Advanced NetWars 2.0 network game
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