add new license and eclass
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branches/experimental/licenses/Novell-Messenger-2
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branches/experimental/licenses/Novell-Messenger-2
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|
||||
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.
|
||||
@@ -1,288 +1,288 @@
|
||||
Novell Client(tm) for SUSE(r) Linux Enterprise Desktop 10
|
||||
Novell(r) 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. 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. If the Software is an update or support
|
||||
release, then You must have validly licensed the version and
|
||||
quantity of the Software being updated 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. 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.
|
||||
|
||||
License Grant. Subject to the terms and conditions of this
|
||||
Agreement, Novell grants You a non-exclusive, non-transferable right
|
||||
to reproduce and internally use the Software. You may not
|
||||
redistribute the 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 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 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://www.novell.com/support.
|
||||
|
||||
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 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 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, 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. 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.
|
||||
|
||||
(c) 1993, 2000-2007 Novell, Inc. All Rights Reserved.
|
||||
(04102007)
|
||||
|
||||
Novell and SUSE are registered trademarks and Novell Client is a
|
||||
trademark of Novell, Inc. in the United States and other countries.
|
||||
Linux is a registered trademark of Linus Torvalds.
|
||||
|
||||
|
||||
Novell Client(tm) for SUSE(r) Linux Enterprise Desktop 10
|
||||
Novell(r) 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. 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. If the Software is an update or support
|
||||
release, then You must have validly licensed the version and
|
||||
quantity of the Software being updated 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. 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.
|
||||
|
||||
License Grant. Subject to the terms and conditions of this
|
||||
Agreement, Novell grants You a non-exclusive, non-transferable right
|
||||
to reproduce and internally use the Software. You may not
|
||||
redistribute the 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 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 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://www.novell.com/support.
|
||||
|
||||
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 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 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, 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. 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.
|
||||
|
||||
(c) 1993, 2000-2007 Novell, Inc. All Rights Reserved.
|
||||
(04102007)
|
||||
|
||||
Novell and SUSE are registered trademarks and Novell Client is a
|
||||
trademark of Novell, Inc. in the United States and other countries.
|
||||
Linux is a registered trademark of Linus Torvalds.
|
||||
|
||||
|
||||
|
||||
Reference in New Issue
Block a user