stable/licenses/Novell-eDir-87

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

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

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

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

LICENSED USE

Commercial Software.

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

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

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

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

Licenses.

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

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

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

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

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

RESTRICTIONS

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

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

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

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

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

OWNERSHIP RIGHTS

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

LIMITED WARRANTY

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

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

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

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

LIMITATION OF LIABILITY

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

GENERAL TERMS

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

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

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