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.
(111510)

Novell and GroupWise are registered trademarks and Novell Vibe is a 
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