stable/licenses/Novell-Messenger-20

Novell® GroupWise® Messenger 2.0 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.

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
Messenger 2.0 Software is equal to the greater of (1) the quantity of licenses
You have lawfully acquired for the Novell GroupWise Messenger 2.0 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.

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 WILL 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.