The Delaware Sun Community Source License Agreement Version 2.3 is a legally binding agreement between Sun Microsystems, Inc. and Caldera Systems, Inc. It outlines the terms and conditions under which Caldera Systems is granted a license to use Sun Microsystems' community source software. This agreement applies specifically to the state of Delaware and governs the use, distribution, and modification of the software. The key aspects covered in this license agreement include: 1. License Grant: The agreement grants Caldera Systems a non-exclusive, non-transferable license to use the community source software developed by Sun Microsystems. This license allows Caldera Systems to modify, distribute, and sublicense the software, subject to certain conditions. 2. Scope of Use: The agreement defines the scope of use of the software, which includes internal use within Caldera Systems' organization and the ability to distribute the software to third parties. However, distribution to end-users may require additional sublicensing agreements. 3. Intellectual Property Rights: The agreement clarifies that Sun Microsystems retains all ownership rights, title, and interest in the community source software, including any modifications made by Caldera Systems. Caldera Systems is prohibited from claiming any ownership or intellectual property rights over the software. 4. Liability and Warranty: The agreement includes disclaimers of warranties and limitations of liability to protect both parties from potential legal disputes. Caldera Systems acknowledges that the software is provided "as is" without any warranty, and Sun Microsystems cannot be held liable for any damages arising from the use or inability to use the software. 5. Termination: The agreement establishes the conditions under which either party can terminate the license agreement, including breach of terms, failure to cure the breach within a specified period, or bankruptcy/reorganization of Caldera Systems. It is worth noting that the Delaware Sun Community Source License Agreement Version 2.3 may have variations or additional clauses depending on the specific software, release, or purpose of the agreement. It is essential for both parties to thoroughly review the agreement and ensure they are complying with the specific terms outlined in their version of the agreement.