stable/licenses/Novell-eDir-87

Novell(r) eDirectory(tm) 8.7
Novell Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE 
SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH 
THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT 
BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. 

This Novell Software License Agreement ("Agreement") is a legal agreement 
between You (an entity or a person) and Novell, Inc. ("Novell"). However, if 
You obtained the Software in Europe, the Middle-East or Africa, any license 
under this Agreement is granted to You by, or on behalf of, Novell Ireland 
Software Limited. The software product identified in the title of this 
Agreement, media (if any) and accompanying documentation (collectively the 
"Software") is protected by the copyright laws and treaties of the United 
States ("U.S.") and other countries and is subject to the terms of this 
Agreement. If You do not agree with the terms of this Agreement, do not 
download, install or otherwise use the Software and, if applicable, return the 
entire unused package to the reseller with Your receipt for a refund. The 
Software is licensed to You, not sold.

The Software may include or be bundled with other software programs licensed 
under different terms and/or licensed by a vendor other than Novell. Use of any 
software programs accompanied by a separate license agreement is governed by 
that separate license agreement.  Any third party software that may be provided 
with the Software is included for use at Your option.  Novell is not 
responsible for any third party's software and shall have no liability for Your 
use of third party software.

LICENSED USE

Commercial Software.

"Bundled Offering" is an offering, legally distributed by a third party, 
comprised of the Software distributed in combination or association with a 
product of that third party (referred to hereafter as the "Bundled Product").

"Server Software" means the components of the Software that operate on a 
central processing unit (CPU), or group of CPUs, and that provide access to 
shared resources.  

"Client Software" means the components of the Software that permit access to 
Server Software from another device.

"User" means a user object in a single directory tree (or other class of object 
that contains data representing a person, such as objects containing credit 
card information or PIN numbers) that has (a) access or use rights to any 
portion of the Software, or (b) access or use rights to products (devices, 
hardware, or software) being managed by the Software, regardless of whether the 
user object is assigned to a person or device. User objects (or other classes 
of objects) representing the same person that are linked to each other within a 
single tree and/or linked across multiple trees count as only one User.

Licenses.

One of the following licenses applies depending on which software You acquired. 
Client Software may be used only to access Server Software or other Novell 
software.  Use of any software programs accompanied by a separate license 
agreement shall be governed by that separate license agreement.

Novell eDirectory License (Bundled Offering with non-Novell products). This 
license grant applies to You if the Software is Novell eDirectory and You 
acquired the Software as part of a Bundled Offering. Subject to the terms and 
conditions of this Agreement, Novell grants to You a non-exclusive, 
non-transferable right to internally make, distribute, and use within Your 
company an unlimited number of copies of the Software, provided that the 
aggregate number of Users within Your company does not exceed 250,000 Users.  
Each person who accesses or uses the Software must have at least one user 
object uniquely assigned to that person and access the Software through the 
user object.  These licenses are not upgradeable.  Regardless of how many 
copies of Novell eDirectory You receive as part of this Bundled Offering or 
other Bundled Offerings, Your use of Novell eDirectory licenses granted as part 
of a Bundled Offering with non-Novell products is limited to 250,000 licenses 
per company. You must acquire a Novell eDirectory license (other than as part 
of a Bundled Offering) for each User in excess of 250,000 Users.   
 
Novell eDirectory License (Not As Bundled Offering).  This license grant 
applies to You if the Software is Novell eDirectory and You did not acquire the 
Software as part of a Bundled Offering.  Subject to the terms and conditions of 
this Agreement, Novell grants to You a non-exclusive, non-transferable right to 
internally make, distribute, and use within Your organization an unlimited 
number of copies of the Software, provided that the aggregate number of Users 
does not exceed the quantity of user licenses You have legally acquired.  Each 
person who accesses or uses the Software must have at least one user object 
uniquely assigned to that person and access the Software through the user 
object.

Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r) iManager, 
Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure 
(NICI).  You are authorized to install and use the Software identified in this 
paragraph internally within Your organization or entity in connection with Your 
lawful use of eDirectory.

Novell(r) Modular Authentication Services (NMAS(tm)).  The quantity of user 
licenses for the NMAS Software included with Your purchase of the Novell 
eDirectory Software is equal to the number of user licenses You have acquired 
for the Novell eDirectory Software. You must have a user license for each User 
of the NMAS Software. Each person who accesses or uses the Software must have 
at least one user object uniquely assigned to that person and access the 
Software through the user object.  The foregoing NMAS licenses are also subject 
to the license agreement accompanying the NMAS Software, if any.

Evaluation Software. If the Software is an evaluation version or is provided to 
You for evaluation purposes, then Your license to use the Software is limited 
solely to internal evaluation purposes in accordance with the terms of the 
evaluation offering under which You received the Software and expires 90 days 
from installation (or such other period as indicated by the Software) and the 
Software may cease to function. Unless otherwise authorized by Novell, Your 
license to install and use the Software is limited to the greater of (1) one 
copy of the Software, or (2) the smallest stratification in which Novell sells 
licenses for the Software.  Upon expiration of the evaluation period, You must 
discontinue use of the Software and delete the Software entirely from Your 
system. The Software may contain an automatic disabling mechanism that prevents 
its use after a certain period of time, so You should back up Your system and 
take other measures to prevent any loss of files or data. Use of the Software 
is entirely at Your own risk. 

RESTRICTIONS

License Restrictions. Novell reserves all rights not expressly granted to You. 
You may not: (1) increase, by any means whatsoever, the number of connections 
supported by the Software and licensed to You or support more than one 
connection or user through a single connection; (2) reverse engineer, 
decompile, or disassemble the Software except and only to the extent it is 
expressly permitted by applicable law; (3) modify, alter, rent, timeshare or 
lease the Software or sublicense any of Your rights under this Agreement; or 
(4) transfer the Software or Your license rights under this Agreement, in whole 
or in part.

Suite Licenses.  If Your license to use the Software is for a suite of 
products, then only one user may use all products in the suite (unless 
otherwise indicated by the Software). The suite license does not allow use of 
individual products in the suite by multiple users.

Upgrade License. This section applies to You if the Software is an upgrade 
version or is provided to You as an upgrade. "Original Product" means the 
product from which You are upgrading. You are authorized to use the Software 
only if You are the sole and original, authorized user of the Original Product 
and You meet the following conditions: (1) You have acquired the right to use 
the Software solely to replace the Original Product that You acquired legally 
and that qualified to be upgraded with the Software under the Novell policies 
existing at the time You acquired the Software; (2) You installed and used the 
Original Product in accordance with the terms and conditions of the applicable 
license agreement; (3) At the time You acquired the Original Product, You 
acquired a complete and authentic copy of the Original Product, including all 
disks and manuals, and not simply a master or license disk; (4) You have not 
acquired the Original Product as scrap or through a second hand purchase from a 
dealer, distributor or another end user; (5) You will permanently discontinue 
use of the Original Product within sixty (60) days of installation of the 
Software; and (6) You will not sell or otherwise transfer possession of the 
Original Product.

Additive License. This section applies to You if You are acquiring the Software 
to add additional users or servers to a previously acquired product (referred 
to below as the "Base Product"). You are authorized to use the Software only if 
You are the sole and original, authorized user of the Base Product and You meet 
the following conditions: (1) You have acquired the right to use this Software 
solely to add additional users or servers to the Base Product that You acquired 
legally; (2) At the time You acquired the Base Product, You acquired a complete 
and authentic copy of the Base Product, including all disks and manuals, and 
not simply a master or license disk; and (3) You have not acquired the Base 
Product as scrap or through a second hand purchase from a dealer, distributor 
or another end user.

Support. Novell has no obligation to provide support for the Software. For more 
information on Novell's current support offerings, see 
http://support.novell.com.

OWNERSHIP RIGHTS

No title to or ownership of the Software is transferred to You. Novell and/or 
its licensors owns and retains all title and ownership of all intellectual 
property rights in the Software, including any adaptations or copies. You 
acquire only a license to use the Software.

LIMITED WARRANTY

For ninety (90) days from Your date of purchase, Novell warrants that (1) any 
media on which the Software is delivered is free from physical defects; and (2) 
the Software will substantially conform to the documentation accompanying the 
Software. If the defective items are returned to Novell or if You report the 
nonconformity to Novell within ninety (90) days from the date of purchase, 
Novell will at its sole discretion either resolve the nonconformity or refund 
the license fees You paid for the Software. Any misuse or unauthorized 
modification of the Software voids this warranty. THE FOREGOING WARRANTY IS 
YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS 
OR IMPLIED. (The foregoing warranty does not apply to Software provided free of 
charge. SUCH SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.)
 
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION 
WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE 
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT 
NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, 
WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD 
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 

THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. 
THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your 
dealer for information about compatibility.

Non-Novell Products. The Software may include or be bundled with hardware or 
other software programs licensed or sold by a vendor other than Novell. NOVELL 
DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS 
IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE 
PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND 
ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, 
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO 
WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED 
WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR 
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some 
jurisdictions do not allow certain disclaimers and limitations of warranties, 
so portions of the above limitations may not apply to You. This limited 
warranty gives You specific rights and You may also have other rights which 
vary  from state to state.

LIMITATION OF LIABILITY

(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, 
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, 
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING 
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT 
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE 
POSSIBILITY OF THOSE DAMAGES. 
(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT 
DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF 
INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF 
WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF 
CHARGE].  The above exclusions and limitations will not apply to claims 
relating to death or personal injury. In those jurisdictions that do not allow 
the exclusion or limitation of damages, Novell's liability shall be limited or 
excluded to the maximum extent allowed within those jurisdictions.

GENERAL TERMS

Term. This Agreement becomes effective on the date You legally acquire the 
Software and will automatically terminate if You breach any of its terms. Upon 
termination of this Agreement, You must destroy the original and all copies of 
the Software or return them to Novell and delete the Software from Your 
systems. 
Benchmark Testing.  You may not, without Novell's prior written consent, 
publish or disclose to any third party the results of any benchmark test of the 
Software.  If a vendor (or a party acting at the vendor's instruction) 
publishes or discloses benchmark information on the Software in violation of 
this restriction, then such vendor authorizes Novell to publish benchmark 
information on that vendor's products, in addition to any other remedies Novell 
may have. 
Transfer. This Agreement may not be transferred or assigned without the prior 
written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the State of 
Utah, U.S. Any action at law relating to this Agreement may only be brought 
before the courts of competent jurisdiction of the State of Utah. If, however, 
Your country of principal residence is a member state of the European Union or 
the European Free Trade Association, this Agreement is governed by the laws of 
that country, and any action at law may only be brought before a court of 
competent jurisdiction of that country.
Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if 
applicable) sets forth the entire understanding and agreement between You and 
Novell and may be amended only in a writing signed by both parties. NO VENDOR, 
DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS 
AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE 
THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Agreement will be effective unless in 
writing, signed by a duly authorized representative of the party to be bound. 
No waiver of any past or present right arising from any breach or failure to 
perform will be deemed to be a waiver of any future right arising under this 
Agreement.
Severability. If any provision in this Agreement is invalid or unenforceable, 
that provision will be construed, limited, modified or, if necessary, severed, 
to the extent necessary, to eliminate its invalidity or unenforceability, and 
the other provisions of this Agreement will remain unaffected.
Export. You agree to comply with any international and national laws that apply 
to the Software and other Confidential Information, including the United States 
of America Export Administration Regulations, as well as any end-user and 
country-destination restrictions issued by the U.S. and other governments. 
Please refer to Export Matrix for Novell Products for more information on 
exporting the Software. You can download a copy from the following web site: 
http://www.novell.com/info/exports/matrix.html or You can obtain a copy from 
Your local Novell office.
U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. 
Government is subject to the restrictions in FAR 52.227-14 (June 1987) 
Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 
(b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is 
Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
Other. The application of the United Nations Convention of Contracts for the 
International Sale of Goods is expressly excluded.

(c)1993, 2000-2003 Novell, Inc. All Rights Reserved.

Novell is a registered trademark and eDirectory and NMAS are trademarks of 
Novell, Inc. in the United States and other countries.