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GroupWise<EFBFBD> 2012 SP2 GroupWise WebAccess/Messenger (Limited License) GroupWise
Coexistence Solution for Exchange
GroupWise<EFBFBD> 2012 SP2
GroupWise WebAccess/Messenger (Limited License)
GroupWise Coexistence Solution for Exchange
Novell<EFBFBD> Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING 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 AND,
IF APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR
RECEIPT FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING 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 AND, IF
APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT
FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED
EXCEPT AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement (<28>Agreement<6E>) is a legal agreement
between You (an entity or a person) and Novell, Inc. (<28>Novell<6C>). The
software product identified in the title of this Agreement for which You have
acquired licenses, any media and accompanying documentation (collectively
the <EFBFBD>Software<EFBFBD>) is protected by the copyright laws and treaties of the
United States (<28>U.S.<2E>) and other countries and is subject to the terms of
this Agreement. Any update or support release to the Software that You may
download or receive that is not accompanied by a license agreement expressly
superseding this Agreement is Software and governed by this Agreement. If
the Software is an update or support release, then You must have validly
licensed the version and quantity of the Software being updated or supported
in order to install or use the update or support release.
This Novell Software License Agreement (<28>Agreement<6E>) is a legal agreement
between You (an entity or a person) and Novell, Inc. (<28>Novell<6C>). The software
product identified in the title of this Agreement for which You have acquired
licenses, any media and accompanying documentation (collectively the
<EFBFBD>Software<EFBFBD>) is protected by the copyright laws and treaties of the United
States (<28>U.S.<2E>) and other countries and is subject to the terms of this
Agreement. Any update or support release to the Software that You may download
or receive that is not accompanied by a license agreement expressly superseding
this Agreement is Software and governed by this Agreement. If the Software is
an update or support release, then You must have validly licensed the version
and quantity of the Software being updated or supported in order to install or
use the update or support release.
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.
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.
LICENSED USE
Commercial Software.
The following licenses apply to Your use of the Software depending on which
product licenses You have purchased and whether You are current on maintenance
for Your licenses.
The following licenses apply to Your use of the Software depending on which
product licenses You have purchased and whether You are current on maintenance
for Your licenses.
<EFBFBD>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.
<EFBFBD>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.
GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable
user license for each User of the 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 Software
may only be used for Your own business operations. Provided that You comply
with the above requirements, You are authorized to use an unlimited number
of copies of the Software.
GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable
user license for each User of the 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 Software may only
be used for Your own business operations. Provided that You comply with the
above requirements, You are authorized to use an unlimited number of copies of
the Software.
GroupWise WebAccess/Messenger licenses are limited client use licenses and
are restricted to a User with a mailbox that is used and marked as a limited
client license mailbox. WebAccess and/or Messenger licenses cannot be used
for a mailbox that has been accessed by the GroupWise client for Windows
or Mac (grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book
GroupWise WebAccess/Messenger licenses are limited client use licenses and are
restricted to a User with a mailbox that is used and marked as a limited client
license mailbox. WebAccess and/or Messenger licenses cannot be used for a
mailbox that has been accessed by the GroupWise client for Windows or Mac
(grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book
(addrbook.exe), or a third-party plug-in to the GroupWise client API.
GroupWise Coexistence Solution for Exchange. Coexistence is an optional
technology provided with GroupWise that You must license separately on an
annual subscription basis to enable utilization with supported versions of
Exchange. You must acquire subscriptions for the total number of GroupWise
Users or the total number of Exchange Users synchronized with Coexistence,
whichever quantity is smaller. Use of Coexistence subscriptions is
conditioned on being current on maintenance coverage for all of Your
GroupWise licenses. Your Coexistence subscription and right to use the
Coexistence technology terminates and You must uninstall from Your systems
and discontinue use of Coexistence upon the earlier of (1) termination
or expiration of maintenance coverage on Your GroupWise licenses, or (2)
purchase of maintenance coverage for less than the total number of Your
GroupWise licenses. If You have licensed GroupWise under an academic or
school licensing program, then the reference to maintenance coverage in this
paragraph refers to Your subscription coverage.
GroupWise Coexistence Solution for Exchange. Coexistence is an optional
technology provided with GroupWise that You must license separately on an
annual subscription basis to enable utilization with supported versions of
Exchange. You must acquire subscriptions for the total number of GroupWise
Users or the total number of Exchange Users synchronized with Coexistence,
whichever quantity is smaller. Use of Coexistence subscriptions is conditioned
on being current on maintenance coverage for all of Your GroupWise licenses.
Your Coexistence subscription and right to use the Coexistence technology
terminates and You must uninstall from Your systems and discontinue use of
Coexistence upon the earlier of (1) termination or expiration of maintenance
coverage on Your GroupWise licenses, or (2) purchase of maintenance coverage
for less than the total number of Your GroupWise licenses. If You have
licensed GroupWise under an academic or school licensing program, then the
reference to maintenance coverage in this paragraph refers to Your subscription
coverage.
eDirectory Software License. The quantity of licenses for the eDirectory
software included with Your lawfully acquired licenses of the Novell
GroupWise 2012 Software is equal to the greater of (1) the quantity of
licenses You have lawfully acquired for the Novell GroupWise 2012 Software,
or (2) 250,000 Users per company/entity. The foregoing eDirectory licenses
are not upgradeable and are otherwise subject to the license agreement
accompanying the eDirectory software. The foregoing eDirectory licenses
are not upgradeable and are otherwise subject to the license agreement
accompanying the eDirectory software.
eDirectory Software License. The quantity of licenses for the eDirectory
software included with Your lawfully acquired licenses of the Novell GroupWise
2012 Software is equal to the greater of (1) the quantity of licenses You have
lawfully acquired for the Novell GroupWise 2012 Software, or (2) 250,000 Users
per company/entity. The foregoing eDirectory licenses are not upgradeable and
are otherwise subject to the license agreement accompanying the eDirectory
software. The foregoing eDirectory licenses are not upgradeable and are
otherwise subject to the license agreement accompanying the eDirectory software.
SLES<EFBFBD> - Bundle Edition. Notwithstanding the license rights in the license
agreement accompanying the copy of SUSE<53> Linux Enterprise Server product
(SLES) You received with the Software, You agree to use SLES solely for the
purpose of running the GroupWise 2012 Software and not as a general purpose
operating system.
SLES<EFBFBD> - Bundle Edition. Notwithstanding the license rights in the license
agreement accompanying the copy of SUSE<53> Linux Enterprise Server product (SLES)
You received with the Software, You agree to use SLES solely for the purpose of
running the GroupWise 2012 Software and not as a general purpose operating
system.
Third Party Components. Additional terms applicable to Your use of the
Software are found in the appendix attached hereto.
Third Party Components. Additional terms applicable to Your use of the Software
are found in the appendix attached hereto.
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 and 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 may be
indicated within the Software). 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.
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 and 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 may be indicated within the
Software). 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.
RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly granted to
You. The Software is licensed for Your internal use only. You may not (1)
reverse engineer, decompile, or disassemble the Software except and only to
the extent it is expressly permitted by applicable law; (2) modify, alter,
rent, timeshare, host or lease the Software or sublicense any of Your rights
under this Agreement; or (3) transfer the Software or Your license rights under
this Agreement, in whole or in part, without written permission by Novell.
License Restrictions. Novell reserves all rights not expressly granted to You.
The Software is licensed for Your internal use only. You may not (1) reverse
engineer, decompile, or disassemble the Software except and only to the extent
it is expressly permitted by applicable law; (2) modify, alter, rent,
timeshare, host or lease the Software or sublicense any of Your rights under
this Agreement; or (3) transfer the Software or Your license rights under this
Agreement, in whole or in part, without written permission by Novell.
Suite Licenses. If Your license to use the Software is for a suite of
products, then for each license only one user may use the products in the
suite. The suite license does not allow use of individual products in the
suite by multiple users if licensed on a user basis or multiple devices if
licensed on a device or server basis.
Suite Licenses. If Your license to use the Software is for a suite of products,
then for each license only one user may use the products in the suite. The
suite license does not allow use of individual products in the suite by
multiple users if licensed on a user basis or multiple devices if licensed on a
device or server basis.
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 products included in a suite if the Software is licensed
as a suite of products. You may separately purchase upgrade protection for
individual components of the Software if permitted by the applicable Novell
policies and programs.
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 products included in a suite if the Software is licensed as a suite
of products. You may separately purchase upgrade protection for individual
components of the Software if permitted by the applicable Novell policies and
programs.
Upgrade Software. This section applies to You if You have purchased the
Software based upon upgrade pricing. <20>Original Product<63> means the product
from which You are upgrading. You are authorized to use the Software only
if You are the 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
is 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; and (3) You will not sell or otherwise
transfer possession of the Original Product.
Upgrade Software. This section applies to You if You have purchased the
Software based upon upgrade pricing. <20>Original Product<63> means the product from
which You are upgrading. You are authorized to use the Software only if You are
the 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 is 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;
and (3) You will not sell or otherwise transfer possession of the Original
Product.
Support. Novell has no obligation to provide support unless You purchase an
offering that expressly includes support services. If You make such a purchase
and no separate agreement specifically applies to the support services, then
the terms of this Agreement will govern the provision of such support services
(<28>Services<65>). For more information on Novell's current support offerings,
see http://www.novell.com/support.
Support. Novell has no obligation to provide support unless You purchase an
offering that expressly includes support services. If You make such a purchase
and no separate agreement specifically applies to the support services, then
the terms of this Agreement will govern the provision of such support services
(<28>Services<65>). For more information on Novell's current support offerings, see
http://www.novell.com/support.
OWNERSHIP
OWNERSHIP
No title to or ownership of the Software is transferred to You. Novell and/or
its licensors retain all right, title and interest in and to all intellectual
property rights in the Software and Services, including any adaptations or
No title to or ownership of the Software is transferred to You. Novell and/or
its licensors retain all right, title and interest in and to all intellectual
property rights in the Software and Services, including any adaptations or
copies thereof. You acquire only a conditional 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 unauthorized use or
modification to 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
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 unauthorized use or
modification to 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 <20>AS IS<49> WITHOUT ANY WARRANTIES OF ANY KIND.)
Services. Novell warrants that any Services purchased will be supplied
in a professional manner in accordance with generally accepted industry
standards. This warranty will be effective for ninety (90) days following
delivery of the Services. Upon any breach of this warranty, Novell<6C>s only
obligation is to either correct the Services so that they comply with this
warranty or at its option refund the amount You paid to Novell for the
portion of the Services that fail to comply with this warranty. As files may
be altered or damaged in the course of Novell providing technical services,
You agree to take appropriate measures to isolate and back up Your systems.
Services. Novell warrants that any Services purchased will be supplied in a
professional manner in accordance with generally accepted industry standards.
This warranty will be effective for ninety (90) days following delivery of the
Services. Upon any breach of this warranty, Novell<6C>s only obligation is to
either correct the Services so that they comply with this warranty or at its
option refund the amount You paid to Novell for the portion of the Services
that fail to comply with this warranty. As files may be altered or damaged in
the course of Novell providing technical services, You agree to take
appropriate measures to isolate and back up Your systems.
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
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 reseller for information about compatibility.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
reseller for information about compatibility.
Non-Novell Products. The Software may include or be bundled with hardware or
other software programs or services licensed or sold by an entity other than
Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH
PRODUCTS OR SERVICES ARE PROVIDED ON AN <20>AS IS<49> BASIS. WARRANTY SERVICE IF
ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE
WITH THE APPLICABLE LICENSOR WARRANTY.
Non-Novell Products. The Software may include or be bundled with hardware or
other software programs or services licensed or sold by an entity other than
Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH
PRODUCTS OR SERVICES ARE PROVIDED ON AN <20>AS IS<49> BASIS. WARRANTY SERVICE IF ANY
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,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO
WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED
WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES 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 by state or jurisdiction.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY,
REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY.
NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES 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 by state or jurisdiction.
LIMITATION OF LIABILITY
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 OR SERVICES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. 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 OR SERVICES 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.
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 OR SERVICES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES.
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 OR
SERVICES 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. If
the Software is provided to You on a subscription basis, then Your right
to possess or use the Software will terminate at the end of the applicable
subscription period. Upon termination of this Agreement or any applicable
subscription period, You must destroy the original and all copies of the
Term. This Agreement becomes effective on the date You legally acquire the
Software and will automatically terminate if You breach any of its terms. If
the Software is provided to You on a subscription basis, then Your right to
possess or use the Software will terminate at the end of the applicable
subscription period. Upon termination of this Agreement or any applicable
subscription period, You must destroy the original and all copies of the
Software or return them to Novell and delete the Software from Your systems.
Verification. Novell may, upon fifteen (15) days<79> advance notice and at
its expense, conduct an annual audit, during your normal business hours,
of your use of the Software and Documentation to verify compliance with
this Agreement. You agree to implement internal safeguards to prevent any
unauthorized copying, distribution, installation, or use of, or access to,
the Software. You further agree to keep records sufficient to certify your
compliance with this Agreement, and, upon request of Novell, provide and
certify metrics and/or reports based upon such records and accounting both
numbers of copies (by product and version) and network architectures as they
may reasonably relate to your licensing and deployment of the Software. You
shall provide Novell or an authorized representative with access to records,
hardware and employees in order to perform the audit. Upon Novell<6C>s or
its authorized representative<76>s presentation of their reasonable written
commitment(s) to safeguard your confidential information, you shall fully
cooperate with such audit and provide any necessary assistance and access to
records and computers. If an audit reveals that you have or at any time have
had unlicensed installation, use of, or access to the Software, You will
promptly acquire sufficient licenses to cover any shortage. If a material
license shortage of 5% or more is found, you must reimburse Novell for the
costs incurred in the audit and acquire the necessary additional licenses
within 30 days without the benefit of any otherwise applicable discount.
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 (<28>Similar Products<74>),
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
sets forth the entire understanding and agreement between You and Novell and
may be amended or modified only by a written agreement agreed to by You and
an authorized representative of Novell. 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 http://www.novell.com/company/legal/ 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.
Verification. Novell may, upon fifteen (15) days<79> advance notice and at its
expense, conduct an annual audit, during your normal business hours, of your
use of the Software and Documentation to verify compliance with this Agreement.
You agree to implement internal safeguards to prevent any unauthorized copying,
distribution, installation, or use of, or access to, the Software. You further
agree to keep records sufficient to certify your compliance with this
Agreement, and, upon request of Novell, provide and certify metrics and/or
reports based upon such records and accounting both numbers of copies (by
product and version) and network architectures as they may reasonably relate to
your licensing and deployment of the Software. You shall provide Novell or an
authorized representative with access to records, hardware and employees in
order to perform the audit. Upon Novell<6C>s or its authorized representative<76>s
presentation of their reasonable written commitment(s) to safeguard your
confidential information, you shall fully cooperate with such audit and provide
any necessary assistance and access to records and computers. If an audit
reveals that you have or at any time have had unlicensed installation, use of,
or access to the Software, You will promptly acquire sufficient licenses to
cover any shortage. If a material license shortage of 5% or more is found, you
must reimburse Novell for the costs incurred in the audit and acquire the
necessary additional licenses within 30 days without the benefit of any
otherwise applicable discount.
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 (<28>Similar Products<74>), 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 sets forth the entire understanding and
agreement between You and Novell and may be amended or modified only by a
written agreement agreed to by You and an authorized representative of Novell.
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
http://www.novell.com/company/legal/ 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.
<EFBFBD> 1993, 2000-2013 Novell, Inc. All Rights Reserved. (032113)
<EFBFBD> 1993, 2000-2013 Novell, Inc. All Rights Reserved.
(032113)
Novell and GroupWise are registered trademarks of Novell, Inc. in the United
States and other countries. SLES and SUSE are registered trademarks of SUSE
LLC in the United States and other countries. eDirectory is a trademark of
NetIQ Corporation in the United States and other countries. All third party
Novell and GroupWise are registered trademarks of Novell, Inc. in the United
States and other countries. SLES and SUSE are registered trademarks of SUSE LLC
in the United States and other countries. eDirectory is a trademark of NetIQ
Corporation in the United States and other countries. All third party
trademarks are the property of their respective owners.
**************************************** APPENDIX THIRD PARTY COMPONENTS
(Oracle) The Software contains viewer software licensed by Novell from Oracle
America, Inc. (<28>Oracle<6C>). For purposes of this addendum, the term <20>program<61>
refers to the Oracle viewer software and related Oracle components. Oracle
requires that You agree to the following terms regarding use of the program.
Terms of Use 1) Your use the program is restricted to the scope of the
Software and to Your internal business operations. You may permit Your agents,
contractors, outsourcers and non-employee users to use the program on Your
behalf for Your internal business operations, subject to the terms of the end
user license agreement and provided that You are responsible for their use
of the Software and compliance with the end user license agreement. Physical
control and administrative control of the programs must remain with the
legal entity that executed the end user license agreement. 2) You are
prohibited from (a) transferring the program except for temporary transfer
in the event of computer malfunction if the Software embeds the program
in a physical device; (b) assigning, giving, or transferring the program
or an interest in them to another individual or entity (and if You grant a
security interest in the programs, the secured party has no right to use or
transfer the programs). 3) Oracle or its licensor retains all ownership and
intellectual property rights to the program. 4) You are prohibited from:
(a) use of the program for rental, timesharing, subscription service,
hosting, or outsourcing; (b) the removal or modification of any program
markings or any notice of Oracle<6C>s or its licensors<72> proprietary rights;
(c) making the programs available in any manner to any third party for use
in the third party<74>s business operations (unless such access is expressly
permitted for the specific program license); (d) reverse engineering (unless
required by law for interoperability), disassembly or decompilation of the
programs (the foregoing prohibition includes but is not limited to review
of data structures or similar materials produced by programs); and (e)
publication of any results of benchmark tests run on the programs. 5) You
are required to comply fully with all relevant export laws and regulations
of the United States and other applicable export and import laws to assure
that neither the programs, nor any direct product thereof, are exported,
directly or indirectly, in violation of applicable laws. The Software of
the Uniform Computer Information Transactions Act is excluded. 6) You are
hereby notified that the programs are subject to this restricted license and
can only be used in conjunction with the Software. You are not permitted to
modify the programs. At the termination of the end user license agreement, You
will discontinue use and destroy all copies of the program and documentation.
7) You agree to permit Novell to audit Your use of the programs and report the
audit results to Oracle or allow Oracle to perform the audit at Your cost. You
agree to designate Oracle as a third party beneficiary of the agreement with
respect to the programs. You may not require Oracle to perform any obligations
or incur any liability not previously agreed to between Novell and Oracle.
8) To the extent permitted by applicable law, Oracle disclaims liability for
(a) any damages, whether direct, indirect, incidental, special, punitive
or consequential, and (b) any loss of profits, revenue, data or data use,
arising from the use of the programs. 9) Some programs may include source code
that Oracle may provide as part of its standard shipment of such programs,
which source code shall be governed by the terms of the end user license
agreement. Third party technology that may be appropriate or necessary for
use with some Oracle programs is specified in the Software documentation
or as otherwise notified. Such third party technology is licensed to You
only for use with the program under the terms of the third party license
agreement specified in the Software documentation or as otherwise notified
and not under the terms of the end user license agreement. (February 2013)
****************************************
APPENDIX
THIRD PARTY COMPONENTS
(Oracle)
The Software contains viewer software licensed by Novell from Oracle America,
Inc. (<28>Oracle<6C>). For purposes of this addendum, the term <20>program<61> refers to
the Oracle viewer software and related Oracle components. Oracle requires that
You agree to the following terms regarding use of the program.
Terms of Use
1) Your use the program is restricted to the scope of the Software and to Your
internal business operations. You may permit Your agents, contractors,
outsourcers and non-employee users to use the program on Your behalf for Your
internal business operations, subject to the terms of the end user license
agreement and provided that You are responsible for their use of the Software
and compliance with the end user license agreement. Physical control and
administrative control of the programs must remain with the legal entity that
executed the end user license agreement.
2) You are prohibited from (a) transferring the program except for temporary
transfer in the event of computer malfunction if the Software embeds the
program in a physical device; (b) assigning, giving, or transferring the
program or an interest in them to another individual or entity (and if You
grant a security interest in the programs, the secured party has no right to
use or transfer the programs).
3) Oracle or its licensor retains all ownership and intellectual property
rights to the program.
4) You are prohibited from: (a) use of the program for rental, timesharing,
subscription service, hosting, or outsourcing; (b) the removal or modification
of any program markings or any notice of Oracle<6C>s or its licensors<72> proprietary
rights; (c) making the programs available in any manner to any third party for
use in the third party<74>s business operations (unless such access is expressly
permitted for the specific program license); (d) reverse engineering (unless
required by law for interoperability), disassembly or decompilation of the
programs (the foregoing prohibition includes but is not limited to review of
data structures or similar materials produced by programs); and (e) publication
of any results of benchmark tests run on the programs.
5) You are required to comply fully with all relevant export laws and
regulations of the United States and other applicable export and import laws to
assure that neither the programs, nor any direct product thereof, are exported,
directly or indirectly, in violation of applicable laws. The Software of the
Uniform Computer Information Transactions Act is excluded.
6) You are hereby notified that the programs are subject to this restricted
license and can only be used in conjunction with the Software. You are not
permitted to modify the programs. At the termination of the end user license
agreement, You will discontinue use and destroy all copies of the program and
documentation.
7) You agree to permit Novell to audit Your use of the programs and report the
audit results to Oracle or allow Oracle to perform the audit at Your cost. You
agree to designate Oracle as a third party beneficiary of the agreement with
respect to the programs. You may not require Oracle to perform any obligations
or incur any liability not previously agreed to between Novell and Oracle.
8) To the extent permitted by applicable law, Oracle disclaims liability for
(a) any damages, whether direct, indirect, incidental, special, punitive or
consequential, and (b) any loss of profits, revenue, data or data use, arising
from the use of the programs.
9) Some programs may include source code that Oracle may provide as part of its
standard shipment of such programs, which source code shall be governed by the
terms of the end user license agreement. Third party technology that may be
appropriate or necessary for use with some Oracle programs is specified in the
Software documentation or as otherwise notified. Such third party technology is
licensed to You only for use with the program under the terms of the third
party license agreement specified in the Software documentation or as otherwise
notified and not under the terms of the end user license agreement.
(February 2013)