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Novell(r) eDirectory(tm) 8.7
Novell Software License Agreement
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.
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.
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.
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").
"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.
"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.
"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.
"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.
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
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) 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.
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.
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.
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.
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.
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.
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,
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.
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.
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 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.
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.
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.
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.
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.
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.
(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.
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.
Novell is a registered trademark and eDirectory and NMAS are trademarks of
Novell, Inc. in the United States and other countries.