stable/licenses/Novell-Messenger-22

Novell® Messenger 2.2
Novell 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.

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 for which You have 
acquired licenses, any media 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.  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.  

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.  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.

You must have a valid Novell GroupWise® 7 or Novell Vibe™ OnPrem 3 (or 
subsequent version) user license for each User of the Software.  The Software 
may only be used by a User with a qualifying  Novell GroupWise or Novell Vibe 
OnPrem software license.

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.

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 Software.  This section applies to You if You have purchased the 
Software based upon upgrade pricing.  “Original Product” 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 
(“Services”).  For more information on Novell's current support offerings, 
see http://www.novell.com/support.

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 
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 charge.  SUCH SOFTWARE IS PROVIDED “AS IS” 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’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 
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.

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 “AS IS” 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.  

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.

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 
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 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.

© 1993, 2000-2010 Novell, Inc. All Rights Reserved.
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Novell and GroupWise are registered trademarks and Novell Vibe is a trademark 
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