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Novell®GroupWise® 7.0
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”). 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 licensor 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 SUSE Linux Enterprise Server product (SLES) included with the
Software is a collective work of Novell. SLES is a modular operating
system. Most of the components are open source packages, developed
independently, and accompanied by separate license terms. Your
license rights with respect to individual components accompanied by
separate license terms are defined by those terms; nothing in this
Agreement shall restrict, limit, or otherwise affect any rights or
obligations You may have, or conditions to which You may be subject,
under such license terms. While the license terms for a component
may authorize You to distribute the component, You may not use any
Novell marks (e.g., SUSE and SUSE LINUX) in distributing the
component, whether or not the component contains Novell marks.
LICENSED USE
Commercial Software.
"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.
You must acquire a user license for each User. 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.
Provided that You comply with the above requirements, You are
authorized to use an unlimited number of copies of the Software.
Novell eDirectory™. The quantity of licenses for the Novell
eDirectory software included with Your lawfully acquired licenses of
the Novell GroupWise 7.0 Software is equal to the greater of (1) the
quantity of licenses You have lawfully acquired for the Novell
GroupWise 7.0 Software, or (2) 250,000 Users per company/entity. The
foregoing Novell eDirectory licenses are not upgradeable and are
otherwise subject to the license agreement accompanying the Novell
eDirectory software.
SLES - Bundle Edition. The Novell SUSE Linux Enterprise Server
product is licensed only for Your use in connection with Novell
GroupWise 7.0 Software. Please see the license agreement
accompanying the SLES Software for Your specific license rights.
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. Upon expiration of the evaluation period, You must
discontinue use of the Software, return to an original state any
actions performed by 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 th 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 Protection. If You purchased upgrade protection or
maintenance under a Novell program for this Software, the upgrade
protection or maintenance only entitles You to upgrades of the
Software as a whole and does not entitle You to upgrades of any
component programs or products bundled with the Software or any
individual suite products if the Software is licensed as a suite of
products. You may separately purchase upgrade protection or
maintenance for individual components of the Software if permitted by
the applicable Novell policies.
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 completed 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 misuses or unauthorized
modification of the Software voices 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 licensor
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 LICENSOR
IN ACCORDANCE WITH THE APPLICABLE LICENSOR 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 IWLL ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSQUENTIAL, 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. This benchmark testing restriction applies to You
if You are a software developer or licensor or if You are performing
testing on the Software at the direction of or on behalf of a
software developer or licensor. You may not, without Novell's prior
written consent not to be unreasonably withheld, publish or disclose
to any third party the results of any benchmark test of the Software.
If You are a licensor of products that are functionally similar to
or compete with the Software (“Similar Products”), or are acting
on behalf of such a licensor, and You publish or disclose benchmark
information on the Software in violation of this restriction, then
notwithstanding anything to the contrary in the Similar Product's end
user license agreement, and in addition to any other remedies Novell
may have, Novell shall have the right to perform benchmark testing on
Similar Products and to disclose and publish that benchmark
information and You hereby represent that You have authority to grant
such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or
otherwise affect any rights or obligations You may have, or
conditions to which You may be subject, under any applicable open
source licenses to any open source code contained in the Software.
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 LICENSOR, 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 Compliance. Any products or technical information provided
under this Agreement may be subject to U.S. export controls and the
trade laws of other countries. The parties agree to comply with all
export control regulations and to obtain any required licenses or
classification to export, re-export or import deliverables. The
parties agree not to export or re-export to entities on the current
U.S. export exclusion lists or to any embargoed or terrorist
countries as specified in the U.S. export laws. The parties will not
use deliverables for prohibited nuclear, missile, or chemical
biological weaponry end uses. Please consult the Bureau of Industry
and Security web page www.bis.doc.gov before exporting Novell
products from the U.S. Please refer to www.novell.com/info/exports/
for more information on exporting Novell software. Upon request,
Novell will provide You specific information regarding applicable
restrictions. However, Novell assumes no responsibility for Your
failure to obtain any necessary export approvals.
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.
© 1993, 2000-2005 Novell, Inc. All Rights Reserved.
(052605)
Novell and GroupWise are registered trademarks and eDirectory is a
trademark of Novell, Inc. in the United States and other countries.