Caldera License Agreement


This document is your Proof of License and the legal agreement governing your 
use of the CP/M software.

1 DEFINITION

SOFTWARE TECHNOLOGY shall mean the binaries to CP/M, an operating system that
runs on 8080-, 8085-, and Z80-based computers.

Caldera’S INTELLECTUAL PROPERTY RIGHTS shall mean Caldera’s patent, copyright and
trade secret rights in its SOFTWARE TECHNOLOGY.

2 LICENSE GRANT

Caldera grants to Customer a worldwide, non-exclusive, royalty-free license under 
Caldera’s INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and distribute 
the SOFTWARE TECHNOLOGY solely for non-commercial uses.

3 TECHNOLOGY TRANSFER AND ACCEPTANCE

3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".

3.2 Caldera is under no obligation to supply error corrections or updates to the 
SOFTWARE TECHNOLOGY as they become available, or to provide training, support or 
consulting for the SOFTWARE TECHNOLOGY.

4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

Caldera DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY LICENSED
TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND 
FITNESS.  IN NO EVENT SHALL Caldera BE LIABLE FOR ANY SPECIAL, INDIRECT OR 
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, 
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, INTELLECTUAL 
PROPERTY INFRINGEMENT OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION 
WITH THE USE OR PERFORMANCE OF ANY SOFTWARE TECHNOLOGY LICENSE HEREUNDER.

5 INDEMNITY

CUSTOMER will hold Caldera harmless against all liabilities, demands, damages, 
expenses, or losses arising out of use by CUSTOMER of SOFTWARE TECHNOLOGY or 
information furnished under this Agreement.

6 TERM AND TERMINATION

6.1 This Agreement shall be effective until otherwise terminated.  Either party 
may terminate this Agreement at any time upon 30 days written notice.

6.2 If CUSTOMER shall fail to perform or observe any of the terms and conditions
to be performed or observed by it under this Agreement, Caldera may in its sole
discretion thereafter elect to terminate this Agreement, and this Agreement and
all the obligations owed and rights granted herein to CUSTOMER shall immediately
terminate.

6.3 The parties agree that the termination of this Agreement shall not release 
either party from any other liability which shall have accrued to the other party
at the time such termination becomes effective, nor affect in any manner the 
survival of any right, duty or obligation of either party.

6.4 In the event of any termination of this Agreement for any reason, CUSTOMER 
shall delete all original and all whole or partial copies and derivatives of the 
SOFTWARE TECHNOLOGY provided to CUSTOMER under this Agreement.  CUSTOMER further 
shall cease to use and distribute the SOFTWARE TECHNOLOGY in all forms immediately 
upon the date of termination.

7 GENERAL TERMS

7.1 This Agreement shall be governed by the laws of the State of Utah.

7.2 This Agreement imposes personal obligations on CUSTOMER.  CUSTOMER shall not 
assign any rights under this Agreement not specifically transferable by its terms 
without the written consent of Caldera.

7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to US 
and other government export control regulations.  CUSTOMER assures that it will 
comply with these regulations whenever it exports or re-exports a controlled 
product or technical data obtained from Caldera or any product produced directly 
from the SOFTWARE TECHNOLOGY.

7.4 The waiver of a breach hereunder may be effected only by a writing signed by 
the waiving party and shall not constitute a waiver of any other breach.

7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and 
agrees to be bound by its term and further agrees that it is the complete and 
exclusive statement of the Agreement between the parties which supersedes all 
communications and understanding between the parties relating to the subject 
matter of this Agreement.
