License Information for Java Development Kit on Caldera UNIX operating systems ---------------------------------------------------------------------- This Java Development Kit is licensed under one of the following Caldera Software License Agreements, depending on where you use this software: If you are using this JDK with commercial versions of Caldera UnixWare 7 or Open UNIX 8, the Caldera Software License Agreement for that operating system applies also to this JDK. See below for the English version of this license. If you are using this JDK with Free UnixWare or Free Open UNIX, the additional license terms and conditions relating to the noncommercial, personal, educational use also apply. If you are using this JDK with a Beta or Early Availability Program operating system release of any Caldera product, the license terms and conditions for that release also apply. Please refer to the license information in your Caldera operating system package for more details. ____________________________________________________________________ CALDERA INTERNATIONAL, INC. SOFTWARE LICENSE AGREEMENT IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") WHICH IS INCLUDED WITH THE PRODUCT OR WHICH APPEARS AS PART OF INSTALLATION OF THE SOFTWARE. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE IN ANY MANNER AND IMMEDIATELY RENDER IT UNUSEABLE; AND IN THE CASE OF PACKAGED PRODUCT, RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM. There may be provided with the Product free software which is governed by the GNU Public License or the Artistic License which the software owner requires to be read and accepted before using. YOU UNDERSTAND AND AGREE THAT THIS FREE SOFTWARE IS NOT PART OF THE PRODUCT AND CALDERA INTERNATIONAL MAKES NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED WITH RESPECT TO SUCH FREE SOFTWARE. CALDERA INTERNATIONAL OPTIONAL MAINTENANCE: Caldera International may, at its discretion, notify You of Updates that Caldera International may periodically make generally available for the Product, but only if you have completed and returned the Registration Card or Registered electronically. At your request, Caldera International, directly or, at Caldera International's discretion, through its local authorized representative, will provide you with such Updates, subject to the additional charges that Caldera International or its authorized representative may establish. Such an Update may be used as described under the GRANT Provision of this Agreement. This Provision will not be interpreted to require Caldera International to (i) develop and release Updates or (ii) customize the Updates to satisfy Your particular requirements. The Updates will not include any new products that Caldera International decides to make generally available as a separately priced upgrade or option. DEFINITIONS "Agreement" is the contract between you ("You") and Caldera International, Inc. ("Caldera International"), relating to the Product acquired by You. The Agreement comprises (i) this document, (ii) any additional terms contained in the Documentation, and (iii) any amendments agreed by both You and Caldera International in writing. Such additional terms may pertain, without limitation, to the following: term, fees and payment, number of permitted Users, number of permitted CPUs, registration requirements, restriction on runtime environment and transfer of Your rights. "Documentation" is the documentation, including any Certificate of License and Authenticity (COLA) and/or any registration card that is supplied for the Software. "Product" is an Caldera International offering consisting of any or all of the following: (i) the Software, (ii) the Documentation, (iii) the Updates and (iv) any copy of the Software, Documentation or Updates; to the extent made available by Caldera International. "Software" is the machine-readable (object) code portion of the Product and any human readable code contained on the media. "Update" is the updates or revisions of the Software or Documentation that You may receive. "User" is a person accessing the Software via a local or remote interactive device, such as a terminal or workstation, except where such use is exclusive to routing or gateway functions of the Software. GRANT Caldera International grants You and You accept from Caldera International, the following limited, non-exclusive rights. You are not granted any other right in the Software. All proprietary rights in or related to the Software are and will remain the exclusive property of Caldera International or its licensors. You further acknowledge that the Software contains confidential information owned by Caldera International or its licensors and agree to take reasonable steps to protect the confidentiality of such information. You may load, copy or transmit the Software in whole or in part, only as necessary to enable the Software to be used by up to the permitted number of Users on the permitted number of computer systems and CPUs as designated on the Certificate of License and Authenticity (COLA). You must take reasonable means to assure that the number of Users does not exceed the permitted number of Users. You may make archival copies of the Software as required for back- up purposes. YOU MAY PRINT OR COPY THE DOCUMENTATION ONLY FOR USE WITH LICENSED CALDERA INTERNATIONAL SOFTWARE. All trademarks, service marks, patents, copyright and other proprietary notices must be reproduced when making copies in whole or in part. You shall not modify, decompile, disassemble, decrypt, extract or reverse engineer the Software for any purpose. If You wish to exercise any rights under Article 6.1b of the EC Directive on the Legal Protection of Software, (Directive 91/250), You shall, in the first instance, write to Caldera International's Legal Department. LIMITED WARRANTY: Caldera International warrants that upon Your receipt of the Product and for a period of 90 calendar days thereafter, the media, if any, on which the Software is embedded will be free of defects in material and workmanship under normal use. Caldera International does not warrant that (i) the Software and any related Updates will be free of defects, (ii) the Software will satisfy all of Your requirements or (iii) the use of the Software will be uninterrupted or error-free. In case of breach of warranty related to the quality of the media, You must return at Your expense and no later than 10 days after the expiration of the warranty period, the Product to Caldera International or its local authorized representative, together with a copy of Your dated Proof of Purchase. Caldera International or its representative will replace any defective media, or if not practicable, may terminate this Agreement and refund to You the amount paid for the Product. You acknowledge that this Paragraph sets forth Your exclusive remedy and Caldera International's exclusive liability for any breach of warranty or other duty related to the quality of the Product. LIMITATION OF LIABILITY: EXCEPT FOR THE CALDERA INTERNATIONAL WARRANTY SET OUT ABOVE, OR OTHERWISE EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH CALDERA INTERNATIONAL OR YOUR SUPPLIER, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY CALDERA INTERNATIONAL, ITS LICENSORS OR REPRESENTATIVES OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. UNDER NO CIRCUMSTANCES WILL CALDERA INTERNATIONAL OR ITS LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH CALDERA INTERNATIONAL OR ITS LICENSORS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT THAT DIRECTLY CAUSED THE DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXPORT RESTRICTIONS: You acknowledge that the Product and the media are subject to export controls under the U.S. Export Administration Regulations and the export regulations of other countries. You may not export or re-export, directly or indirectly, the Product, the media, or any related technical information or materials unless you have obtained an appropriate authorization from the U.S. Commerce Department and any other relevant government authority. U.S. GOVERNMENT RESTRICTED RIGHTS: When licensed to a U.S., State, or Local Government; all Software produced by Caldera International is commercial software as defined in FAR 12.212, and has been developed exclusively at private expense. All technical data, or Caldera International commercial computer software/documentation is subject to the provisions of FAR 12.211 - "Technical Data", and FAR 12.212 - "Computer Software" respectively, or clauses providing Caldera International equivalent protection in DFARS or other agency specific regulations. Manufacturer: Caldera International, Inc., 240 West Center Street, Orem, Utah 84057 TERM AND TERMINATION: This license shall remain in effect until terminated as set forth herein. You may terminate this Agreement, without right to refund, by notifying Caldera International of such termination. Caldera International may terminate this Agreement, upon reasonable notice and without judicial or administrative resolution, if You or any of Your employees or consultants breach any term or condition hereof. Upon the termination of this Agreement for any reason, all rights granted to you hereunder will cease, and You must promptly (i) purge the Software and any related Updates from all your computer systems, storage media and other files, (ii) destroy the Products and all copies thereof and (iii) deliver to Caldera International an affidavit which certifies that you have complied with these termination obligations. ASSIGNMENT: Subject to Your compliance with the Export Restrictions Provision above, You may assign this Agreement and permanently transfer the Products to a third party, but only if You promptly send Caldera International an affidavit signed by both You and Your assignee that (i) sets forth Your assignee's name and address, (ii) identifies the Product being assigned (including name, release number and serial number) (iii) identifies the manufacturer and serial number of the computer system on which Your assignee will load and use the Software and any related Updates, (iv) acknowledges that Your assignee will comply with the terms and conditions of this Agreement and (v) certifies that You have fulfilled item (i) of the Termination Section above and have not retained any Products or copies thereof. Except as provided above, You may not assign, sublicense, rent, lend, lease, pledge or otherwise transfer or encumber the Products, this Agreement or Your rights or obligations hereunder without Caldera International's prior approval. HIGH RISK USAGE: The Product may include JAVA based technology. This technology is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Caldera International's disclaimer of any express or implied warranties as stated above applies to such uses as well as all others. You agree that You will not knowingly use the technology for such purposes. MISCELLANEOUS: All notices or approvals required or permitted under this Agreement must be given in writing. Any waiver or modification of this Agreement will not be effective unless executed in writing and signed by Caldera International. This Agreement will bind your successors-in-interest. This Agreement is governed by the laws of the State of California, U.S.A. If any provision of this Agreement is held to be unenforceable, in whole or part, such holding will not affect the validity of the other provisions of this Agreement.