THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL (COLLECTIVELY "SOFTWARE"), WHICH USE IS SUBJECT TO THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). INSTALLING THE SOFTWARE CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST RETURN THIS PRODUCT. EVERY MANUAL, DOCUMENTATION AND PROOF OF PAYMENT TO CALDERA GRAPHICS ("CALDERA") FOR A PARTIAL REFUND WITHIN 30 DAYS OF FIRST ACQUIRING THE SOFTWARE. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF CALDERA SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF YOU HAVE ORDERED THIS PRODUCT, CALDERA'S ACCEPTANCE IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY CALDERA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

WARNING ! : IF PROVIDED FOR EVALUATION PURPOSES OR WHILE PAYMENT PENDING, THE SOFTWARE CONTAINS A ROUTINE THAT WILL CAUSE THE SOFTWARE TO RUN AS A DEMO VERSION OR TO CEASE PROPER FUNCTIONING AFTER THE TIME SPECIFIED ON THE PRODUCT PASSWORD SHEET. THIS MAY OCCUR AT ANY TIME AND SO YOU MUST BE PREPARED AT ANY TIME AND MAY NOT RELY ON THE SOFTWARE.

1. Grant of license. Subject to the terms of this Agreement, CALDERA grants you ("the "Licensee"), a nonsublicensable, nonexclusive right (the "license") to use the SOFTWARE only in accordance with the applicable user documentation provided by CALDERA. If this is an evaluation license, you may install the SOFTWARE on an unlimited number of servers, and an unlimited number of users may use the SOFTWARE in conjunction with such servers, in full acceptance of the CALDERA name as a protective seal on the images resulting from the SOFTWARE use in the evaluation mode. If this is a regular license, you may use the SOFTWARE only (i) for the number of concurrent users specified by CALDERA on the Product License Password Sheet, and (ii) in conjunction with the applicable keyserver designated by CALDERA ("Computer Hardware") on the Product License Password Sheet. In either case, upon notice to CALDERA, you may use the SOFTWARE temporarily on substantially similar back-up systems when the Computer Hardware is inoperable. The License is not transferable from the particular Computer Hardware specified to any other system or to any upgrade of that Computer Hardware without the express consent of CALDERA. Licensee has no right to receive, use or examine any source code or design documentation relating to the SOFTWARE.

2. Ownership of SOFTWARE As between the parties, CALDERA retains title, ownership and every proprietary right with respect to the SOFTWARE and all copies and portions thereto. The License does not constitute a sale of the SOFTWARE or any portion or copy of it.

3. Restrictions Copying the SOFTWARE is not expressly forbidden, in order to allow the widest availability of the SOFTWARE in the evaluation mode. Licensee must reproduce and include the copyright notice and any other notices that appear on the original SOFTWARE on any copies and any media therefore. Licensee shall not (and shall not allow any third party to) (i) decompile, disassemble, or otherwise reverse engineer or attempt to recontruct or discover any source code or underlying ideas or algorithms of the SOFTWARE by any means whatever, (ii) provide, lease, lend, use for identification, copyright or other notices, (iii) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use the SOFTWARE to or for the benefit of third parties, (iv) except as specified in the applicable user documentation provided by CALDERA modify, incorporate into or with other software or create a derivative work of any part of the SOFTWARE, (v) load or use any portion of the SOFTWARE (whether or not modified or incorporated into or with other software) on or with any machine or system other than the applicable Computer Hardware (or a substantially similar system during temporary inoperability of the applicable Computer Hardware), (vi) attempt to remove, by any means, the CALDERA name affixed like a protective seal on the images resulting from the SOFTWARE use in evaluation mode.

4. Termination of License The License is effective until terminated. The License will terminate automatically if Licensee fails to cure any material breach of the Agreement with thirty (30) days (10 days in the case of non-payment) of receiving notice of such breach from CALDERA (or immediately upon notice in the case of a breach of section 3). Upon termination, Licensee shall immediately cease all use of the SOFTWARE and return or destroy all copies of the SOFTWARE and all portions thereof (whether or not modified or incorporated with or into other software) and so certify to CALDERA. Except for the License and except as otherwise expressly provided herein, the terms of the Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether the License is terminated or not.

5. Limited Warranty and Disclaimer Subject to the conditions and limitations on liability stated herein, CALDERA warrants within a period of sixty (60) days from the delivery of the SOFTWARE that such SOFTWARE, as so delivered, will materially be conform to CALDERA's then current documentation for such SOFTWARE. This warranty only covers problems reported to CALDERA during the warranty period. ANY LIABILITY OF CALDERA WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN CALDERA'S OPINION, IMPRACTICAL TO REFUND THE LICENSE FEE. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CALDERA DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. The Licensee understands that CALDERA is not responsible for and will have no liability for hardware, software, or other items or any service provided by any person other than CALDERA.

6. Limitation of Remedies and Damages; Force Majeure CALDERA SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR ANY ATTACHMENT, PRODUCT ORDER, SCHEDULE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:

1. FOR LOSS OR INACCURACY OF DATA OR (EXCEPT FOR RETURN OF AMOUNTS PAID TO CALDERA THEREFORE), COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE, OR TECHNOLOGY.
2. FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR
3. FOR ANY MATTER BEYOND IT REASONABLE CONTROL.

7. Government Matters The SOFTWARE has been developed at private expense and is commercially available at published prices. SOFTWARE supplied to the Department of Defense ("DOD"), is classified as "Commercial Software", and the United States Government acquires only "restricted rights" in SOFTWARE, as such rights are defined in clause 252.227-7013 (c) (1) of the DFARS (or any future regulations); SOFTWARE supplied to any unit or agency of the United States Government other than the DOD, shall be governed by clause 52.227-19 (c) (2) of the FAR (or any successor regulations) or, in the case of NASA, in clause 48 CFR 1827.405 (a) (or any future regulations) and, in any such case, the United States Government acquires only "restricted rights" in such SOFTWARE.

8. European Community Provisions If this SOFTWARE is used within a country of the European Community, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive, O.J. Eur. Comm. (No. L 122) 42 (1991).

9. Miscellaneous License fees are exclusive of shipping, taxes, duties and the like, which shall be paid by Licensee. If not otherwise specified, applicable License fees are due and payable within thirty (30) days of delivery of the SOFTWARE, F.O.B. CALDERA. Licensee will not remove or export from FRANCE or reexport from anywhere any part of the SOFTWARE or any direct product. The License and the Agreement are not assignable or transferable by Licensee without the prior written consent of CALDERA. If any part of this Agreement shall be adjudged invalid by any court of competent jurisdiction, such judgment will not affect or nullify the remainder of this Agreement. This Agreement shall be construed pursuant to the laws of FRANCE without regard to conflicts of law provisions thereof. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, attorney's fees. Any waivers or amendments shall be effective only if made in writing and signed by a representative of the respective parties authorized to bind the parties. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.