update license files
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GroupWise® 2012 SP2 GroupWise WebAccess/Messenger (Limited License) GroupWise
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Coexistence Solution for Exchange
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GroupWise® 2012 SP2
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GroupWise WebAccess/Messenger (Limited License)
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GroupWise Coexistence Solution for Exchange
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Novell® Software License Agreement
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||||
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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
|
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DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
|
||||
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.
|
||||
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.
|
||||
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
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||||
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Commercial Software.
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||||
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||||
The following licenses apply to Your use of the Software depending on which
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product licenses You have purchased and whether You are current on maintenance
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||||
for Your licenses.
|
||||
The following licenses apply to Your use of the Software depending on which
|
||||
product licenses You have purchased and whether You are current on maintenance
|
||||
for Your licenses.
|
||||
|
||||
“User" means a user object in a single directory tree (or other class of
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||||
object that contains data representing a person, such as objects containing
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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.
|
||||
“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.
|
||||
|
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GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable
|
||||
user license for each User of the 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 Software
|
||||
may only be used for Your own business operations. Provided that You comply
|
||||
with the above requirements, You are authorized to use an unlimited number
|
||||
of copies of the Software.
|
||||
GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable
|
||||
user license for each User of the 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 Software may only
|
||||
be used for Your own business operations. Provided that You comply with the
|
||||
above requirements, You are authorized to use an unlimited number of copies of
|
||||
the Software.
|
||||
|
||||
GroupWise WebAccess/Messenger licenses are limited client use licenses and
|
||||
are restricted to a User with a mailbox that is used and marked as a limited
|
||||
client license mailbox. WebAccess and/or Messenger licenses cannot be used
|
||||
for a mailbox that has been accessed by the GroupWise client for Windows
|
||||
or Mac (grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book
|
||||
GroupWise WebAccess/Messenger licenses are limited client use licenses and are
|
||||
restricted to a User with a mailbox that is used and marked as a limited client
|
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license mailbox. WebAccess and/or Messenger licenses cannot be used for a
|
||||
mailbox that has been accessed by the GroupWise client for Windows or Mac
|
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(grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book
|
||||
(addrbook.exe), or a third-party plug-in to the GroupWise client API.
|
||||
|
||||
GroupWise Coexistence Solution for Exchange. Coexistence is an optional
|
||||
technology provided with GroupWise that You must license separately on an
|
||||
annual subscription basis to enable utilization with supported versions of
|
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Exchange. You must acquire subscriptions for the total number of GroupWise
|
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Users or the total number of Exchange Users synchronized with Coexistence,
|
||||
whichever quantity is smaller. Use of Coexistence subscriptions is
|
||||
conditioned on being current on maintenance coverage for all of Your
|
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GroupWise licenses. Your Coexistence subscription and right to use the
|
||||
Coexistence technology terminates and You must uninstall from Your systems
|
||||
and discontinue use of Coexistence upon the earlier of (1) termination
|
||||
or expiration of maintenance coverage on Your GroupWise licenses, or (2)
|
||||
purchase of maintenance coverage for less than the total number of Your
|
||||
GroupWise licenses. If You have licensed GroupWise under an academic or
|
||||
school licensing program, then the reference to maintenance coverage in this
|
||||
paragraph refers to Your subscription coverage.
|
||||
GroupWise Coexistence Solution for Exchange. Coexistence is an optional
|
||||
technology provided with GroupWise that You must license separately on an
|
||||
annual subscription basis to enable utilization with supported versions of
|
||||
Exchange. You must acquire subscriptions for the total number of GroupWise
|
||||
Users or the total number of Exchange Users synchronized with Coexistence,
|
||||
whichever quantity is smaller. Use of Coexistence subscriptions is conditioned
|
||||
on being current on maintenance coverage for all of Your GroupWise licenses.
|
||||
Your Coexistence subscription and right to use the Coexistence technology
|
||||
terminates and You must uninstall from Your systems and discontinue use of
|
||||
Coexistence upon the earlier of (1) termination or expiration of maintenance
|
||||
coverage on Your GroupWise licenses, or (2) purchase of maintenance coverage
|
||||
for less than the total number of Your GroupWise licenses. If You have
|
||||
licensed GroupWise under an academic or school licensing program, then the
|
||||
reference to maintenance coverage in this paragraph refers to Your subscription
|
||||
coverage.
|
||||
|
||||
eDirectory Software License. The quantity of licenses for the eDirectory
|
||||
software included with Your lawfully acquired licenses of the Novell
|
||||
GroupWise 2012 Software is equal to the greater of (1) the quantity of
|
||||
licenses You have lawfully acquired for the Novell GroupWise 2012 Software,
|
||||
or (2) 250,000 Users per company/entity. The foregoing eDirectory licenses
|
||||
are not upgradeable and are otherwise subject to the license agreement
|
||||
accompanying the eDirectory software. The foregoing eDirectory licenses
|
||||
are not upgradeable and are otherwise subject to the license agreement
|
||||
accompanying the eDirectory software.
|
||||
eDirectory Software License. The quantity of licenses for the eDirectory
|
||||
software included with Your lawfully acquired licenses of the Novell GroupWise
|
||||
2012 Software is equal to the greater of (1) the quantity of licenses You have
|
||||
lawfully acquired for the Novell GroupWise 2012 Software, or (2) 250,000 Users
|
||||
per company/entity. The foregoing eDirectory licenses are not upgradeable and
|
||||
are otherwise subject to the license agreement accompanying the eDirectory
|
||||
software. The foregoing eDirectory licenses are not upgradeable and are
|
||||
otherwise subject to the license agreement accompanying the eDirectory software.
|
||||
|
||||
SLES® - Bundle Edition. Notwithstanding the license rights in the license
|
||||
agreement accompanying the copy of SUSE® Linux Enterprise Server product
|
||||
(SLES) You received with the Software, You agree to use SLES solely for the
|
||||
purpose of running the GroupWise 2012 Software and not as a general purpose
|
||||
operating system.
|
||||
SLES® - Bundle Edition. Notwithstanding the license rights in the license
|
||||
agreement accompanying the copy of SUSE® Linux Enterprise Server product (SLES)
|
||||
You received with the Software, You agree to use SLES solely for the purpose of
|
||||
running the GroupWise 2012 Software and not as a general purpose operating
|
||||
system.
|
||||
|
||||
Third Party Components. Additional terms applicable to Your use of the
|
||||
Software are found in the appendix attached hereto.
|
||||
Third Party Components. Additional terms applicable to Your use of the Software
|
||||
are found in the appendix attached hereto.
|
||||
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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 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.
|
||||
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.
|
||||
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
|
||||
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
|
||||
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
|
||||
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.
|
||||
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
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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
|
||||
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.
|
||||
Verification. Novell may, upon fifteen (15) days’ advance notice and at
|
||||
its expense, conduct an annual audit, during your normal business hours,
|
||||
of your use of the Software and Documentation to verify compliance with
|
||||
this Agreement. You agree to implement internal safeguards to prevent any
|
||||
unauthorized copying, distribution, installation, or use of, or access to,
|
||||
the Software. You further agree to keep records sufficient to certify your
|
||||
compliance with this Agreement, and, upon request of Novell, provide and
|
||||
certify metrics and/or reports based upon such records and accounting both
|
||||
numbers of copies (by product and version) and network architectures as they
|
||||
may reasonably relate to your licensing and deployment of the Software. You
|
||||
shall provide Novell or an authorized representative with access to records,
|
||||
hardware and employees in order to perform the audit. Upon Novell’s or
|
||||
its authorized representative’s presentation of their reasonable written
|
||||
commitment(s) to safeguard your confidential information, you shall fully
|
||||
cooperate with such audit and provide any necessary assistance and access to
|
||||
records and computers. If an audit reveals that you have or at any time have
|
||||
had unlicensed installation, use of, or access to the Software, You will
|
||||
promptly acquire sufficient licenses to cover any shortage. If a material
|
||||
license shortage of 5% or more is found, you must reimburse Novell for the
|
||||
costs incurred in the audit and acquire the necessary additional licenses
|
||||
within 30 days without the benefit of any otherwise applicable discount.
|
||||
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.
|
||||
Verification. Novell may, upon fifteen (15) days’ advance notice and at its
|
||||
expense, conduct an annual audit, during your normal business hours, of your
|
||||
use of the Software and Documentation to verify compliance with this Agreement.
|
||||
You agree to implement internal safeguards to prevent any unauthorized copying,
|
||||
distribution, installation, or use of, or access to, the Software. You further
|
||||
agree to keep records sufficient to certify your compliance with this
|
||||
Agreement, and, upon request of Novell, provide and certify metrics and/or
|
||||
reports based upon such records and accounting both numbers of copies (by
|
||||
product and version) and network architectures as they may reasonably relate to
|
||||
your licensing and deployment of the Software. You shall provide Novell or an
|
||||
authorized representative with access to records, hardware and employees in
|
||||
order to perform the audit. Upon Novell’s or its authorized representative’s
|
||||
presentation of their reasonable written commitment(s) to safeguard your
|
||||
confidential information, you shall fully cooperate with such audit and provide
|
||||
any necessary assistance and access to records and computers. If an audit
|
||||
reveals that you have or at any time have had unlicensed installation, use of,
|
||||
or access to the Software, You will promptly acquire sufficient licenses to
|
||||
cover any shortage. If a material license shortage of 5% or more is found, you
|
||||
must reimburse Novell for the costs incurred in the audit and acquire the
|
||||
necessary additional licenses within 30 days without the benefit of any
|
||||
otherwise applicable discount.
|
||||
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, 2000-2013 Novell, Inc. All Rights Reserved. (032113)
|
||||
© 1993, 2000-2013 Novell, Inc. All Rights Reserved.
|
||||
(032113)
|
||||
|
||||
Novell and GroupWise are registered trademarks of Novell, Inc. in the United
|
||||
States and other countries. SLES and SUSE are registered trademarks of SUSE
|
||||
LLC in the United States and other countries. eDirectory is a trademark of
|
||||
NetIQ Corporation in the United States and other countries. All third party
|
||||
Novell and GroupWise are registered trademarks of Novell, Inc. in the United
|
||||
States and other countries. SLES and SUSE are registered trademarks of SUSE LLC
|
||||
in the United States and other countries. eDirectory is a trademark of NetIQ
|
||||
Corporation in the United States and other countries. All third party
|
||||
trademarks are the property of their respective owners.
|
||||
|
||||
**************************************** APPENDIX THIRD PARTY COMPONENTS
|
||||
(Oracle) The Software contains viewer software licensed by Novell from Oracle
|
||||
America, Inc. (“Oracle”). For purposes of this addendum, the term “program”
|
||||
refers to the Oracle viewer software and related Oracle components. Oracle
|
||||
requires that You agree to the following terms regarding use of the program.
|
||||
Terms of Use 1) Your use the program is restricted to the scope of the
|
||||
Software and to Your internal business operations. You may permit Your agents,
|
||||
contractors, outsourcers and non-employee users to use the program on Your
|
||||
behalf for Your internal business operations, subject to the terms of the end
|
||||
user license agreement and provided that You are responsible for their use
|
||||
of the Software and compliance with the end user license agreement. Physical
|
||||
control and administrative control of the programs must remain with the
|
||||
legal entity that executed the end user license agreement. 2) You are
|
||||
prohibited from (a) transferring the program except for temporary transfer
|
||||
in the event of computer malfunction if the Software embeds the program
|
||||
in a physical device; (b) assigning, giving, or transferring the program
|
||||
or an interest in them to another individual or entity (and if You grant a
|
||||
security interest in the programs, the secured party has no right to use or
|
||||
transfer the programs). 3) Oracle or its licensor retains all ownership and
|
||||
intellectual property rights to the program. 4) You are prohibited from:
|
||||
(a) use of the program for rental, timesharing, subscription service,
|
||||
hosting, or outsourcing; (b) the removal or modification of any program
|
||||
markings or any notice of Oracle’s or its licensors’ proprietary rights;
|
||||
(c) making the programs available in any manner to any third party for use
|
||||
in the third party’s business operations (unless such access is expressly
|
||||
permitted for the specific program license); (d) reverse engineering (unless
|
||||
required by law for interoperability), disassembly or decompilation of the
|
||||
programs (the foregoing prohibition includes but is not limited to review
|
||||
of data structures or similar materials produced by programs); and (e)
|
||||
publication of any results of benchmark tests run on the programs. 5) You
|
||||
are required to comply fully with all relevant export laws and regulations
|
||||
of the United States and other applicable export and import laws to assure
|
||||
that neither the programs, nor any direct product thereof, are exported,
|
||||
directly or indirectly, in violation of applicable laws. The Software of
|
||||
the Uniform Computer Information Transactions Act is excluded. 6) You are
|
||||
hereby notified that the programs are subject to this restricted license and
|
||||
can only be used in conjunction with the Software. You are not permitted to
|
||||
modify the programs. At the termination of the end user license agreement, You
|
||||
will discontinue use and destroy all copies of the program and documentation.
|
||||
7) You agree to permit Novell to audit Your use of the programs and report the
|
||||
audit results to Oracle or allow Oracle to perform the audit at Your cost. You
|
||||
agree to designate Oracle as a third party beneficiary of the agreement with
|
||||
respect to the programs. You may not require Oracle to perform any obligations
|
||||
or incur any liability not previously agreed to between Novell and Oracle.
|
||||
8) To the extent permitted by applicable law, Oracle disclaims liability for
|
||||
(a) any damages, whether direct, indirect, incidental, special, punitive
|
||||
or consequential, and (b) any loss of profits, revenue, data or data use,
|
||||
arising from the use of the programs. 9) Some programs may include source code
|
||||
that Oracle may provide as part of its standard shipment of such programs,
|
||||
which source code shall be governed by the terms of the end user license
|
||||
agreement. Third party technology that may be appropriate or necessary for
|
||||
use with some Oracle programs is specified in the Software documentation
|
||||
or as otherwise notified. Such third party technology is licensed to You
|
||||
only for use with the program under the terms of the third party license
|
||||
agreement specified in the Software documentation or as otherwise notified
|
||||
and not under the terms of the end user license agreement. (February 2013)
|
||||
****************************************
|
||||
APPENDIX
|
||||
THIRD PARTY COMPONENTS
|
||||
(Oracle)
|
||||
The Software contains viewer software licensed by Novell from Oracle America,
|
||||
Inc. (“Oracle”). For purposes of this addendum, the term “program” refers to
|
||||
the Oracle viewer software and related Oracle components. Oracle requires that
|
||||
You agree to the following terms regarding use of the program.
|
||||
Terms of Use
|
||||
1) Your use the program is restricted to the scope of the Software and to Your
|
||||
internal business operations. You may permit Your agents, contractors,
|
||||
outsourcers and non-employee users to use the program on Your behalf for Your
|
||||
internal business operations, subject to the terms of the end user license
|
||||
agreement and provided that You are responsible for their use of the Software
|
||||
and compliance with the end user license agreement. Physical control and
|
||||
administrative control of the programs must remain with the legal entity that
|
||||
executed the end user license agreement.
|
||||
2) You are prohibited from (a) transferring the program except for temporary
|
||||
transfer in the event of computer malfunction if the Software embeds the
|
||||
program in a physical device; (b) assigning, giving, or transferring the
|
||||
program or an interest in them to another individual or entity (and if You
|
||||
grant a security interest in the programs, the secured party has no right to
|
||||
use or transfer the programs).
|
||||
3) Oracle or its licensor retains all ownership and intellectual property
|
||||
rights to the program.
|
||||
4) You are prohibited from: (a) use of the program for rental, timesharing,
|
||||
subscription service, hosting, or outsourcing; (b) the removal or modification
|
||||
of any program markings or any notice of Oracle’s or its licensors’ proprietary
|
||||
rights; (c) making the programs available in any manner to any third party for
|
||||
use in the third party’s business operations (unless such access is expressly
|
||||
permitted for the specific program license); (d) reverse engineering (unless
|
||||
required by law for interoperability), disassembly or decompilation of the
|
||||
programs (the foregoing prohibition includes but is not limited to review of
|
||||
data structures or similar materials produced by programs); and (e) publication
|
||||
of any results of benchmark tests run on the programs.
|
||||
5) You are required to comply fully with all relevant export laws and
|
||||
regulations of the United States and other applicable export and import laws to
|
||||
assure that neither the programs, nor any direct product thereof, are exported,
|
||||
directly or indirectly, in violation of applicable laws. The Software of the
|
||||
Uniform Computer Information Transactions Act is excluded.
|
||||
6) You are hereby notified that the programs are subject to this restricted
|
||||
license and can only be used in conjunction with the Software. You are not
|
||||
permitted to modify the programs. At the termination of the end user license
|
||||
agreement, You will discontinue use and destroy all copies of the program and
|
||||
documentation.
|
||||
7) You agree to permit Novell to audit Your use of the programs and report the
|
||||
audit results to Oracle or allow Oracle to perform the audit at Your cost. You
|
||||
agree to designate Oracle as a third party beneficiary of the agreement with
|
||||
respect to the programs. You may not require Oracle to perform any obligations
|
||||
or incur any liability not previously agreed to between Novell and Oracle.
|
||||
8) To the extent permitted by applicable law, Oracle disclaims liability for
|
||||
(a) any damages, whether direct, indirect, incidental, special, punitive or
|
||||
consequential, and (b) any loss of profits, revenue, data or data use, arising
|
||||
from the use of the programs.
|
||||
9) Some programs may include source code that Oracle may provide as part of its
|
||||
standard shipment of such programs, which source code shall be governed by the
|
||||
terms of the end user license agreement. Third party technology that may be
|
||||
appropriate or necessary for use with some Oracle programs is specified in the
|
||||
Software documentation or as otherwise notified. Such third party technology is
|
||||
licensed to You only for use with the program under the terms of the third
|
||||
party license agreement specified in the Software documentation or as otherwise
|
||||
notified and not under the terms of the end user license agreement.
|
||||
(February 2013)
|
||||
|
||||
|
||||
|
||||
|
||||
@ -1,259 +1,238 @@
|
||||
ConsoleOne(tm) Snap-ins
|
||||
Novell(r) 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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
|
||||
This Agreement applies to all ConsoleOne Snap-ins provided free of
|
||||
charge. Such Snap-ins are intended for use solely with their
|
||||
associated products: for example, eDirectory(tm) Snap-ins are to be
|
||||
used only with legally acquired eDirectory software, and Novell
|
||||
Single Sign-on Snap-ins are to be used only with legally acquired
|
||||
Novell Single Sign-on software.
|
||||
This Agreement applies to all ConsoleOne Snap-ins provided free of charge.
|
||||
Such Snap-ins are intended for use solely with their associated products: for
|
||||
example, eDirectory(tm) Snap-ins are to be used only with legally acquired
|
||||
eDirectory software, and Novell Single Sign-on Snap-ins are to be used only
|
||||
with legally acquired Novell Single Sign-on software.
|
||||
|
||||
License. Subject to the terms and conditions of this License, Novell
|
||||
grants You a non-exclusive, non-transferable right for Your internal
|
||||
use to use the Software in a quantity necessary for its intended
|
||||
purpose as stated above. You may not redistribute this Software.
|
||||
Novell reserves all rights not expressly granted to You. Use of any
|
||||
software programs accompanied by a separate license agreement shall
|
||||
be governed by that separate license agreement.
|
||||
License. Subject to the terms and conditions of this License, Novell grants You
|
||||
a non-exclusive, non-transferable right for Your internal use to use the
|
||||
Software in a quantity necessary for its intended purpose as stated above. You
|
||||
may not redistribute this Software. Novell reserves all rights not expressly
|
||||
granted to You. Use of any software programs accompanied by a separate license
|
||||
agreement shall be governed by that separate license agreement.
|
||||
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
|
||||
Commercial Public Service Restriction. The Software is licensed for
|
||||
Your internal use only. If You are a provider of internet services,
|
||||
remote or hosted management services or information technology
|
||||
outsourcing services, this Agreement does not permit You to use the
|
||||
Software for providing such services. If You would like to use the
|
||||
Software for any such purposes, You must obtain a separate license
|
||||
from Novell. For more information, see http://www.novell.com/internet.
|
||||
Commercial Public Service Restriction. The Software is licensed for Your
|
||||
internal use only. If You are a provider of internet services, remote or hosted
|
||||
management services or information technology outsourcing services, this
|
||||
Agreement does not permit You to use the Software for providing such services.
|
||||
If You would like to use the Software for any such purposes, You must obtain a
|
||||
separate license from Novell. For more information, see
|
||||
http://www.novell.com/internet.
|
||||
|
||||
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.
|
||||
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.
|
||||
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.)
|
||||
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 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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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, 2001 Novell, Inc. All Rights Reserved.
|
||||
|
||||
Novell is a registered trademark and ConsoleOne and eDirectory are
|
||||
trademarks of Novell, Inc. in the United States and other countries.
|
||||
Novell is a registered trademark and ConsoleOne and eDirectory are trademarks
|
||||
of Novell, Inc. in the United States and other countries.
|
||||
|
||||
@ -1,292 +1,262 @@
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
"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.
|
||||
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.
|
||||
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
|
||||
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.
|
||||
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 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.
|
||||
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.
|
||||
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.
|
||||
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.)
|
||||
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, Novells 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.
|
||||
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, Novells 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 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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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
|
||||
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.
|
||||
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
|
||||
trademark of Novell, Inc. in the United States and other countries.
|
||||
Novell and GroupWise are registered trademarks and Novell Vibe is a trademark
|
||||
of Novell, Inc. in the United States and other countries.
|
||||
|
||||
@ -1,288 +1,292 @@
|
||||
Novell(r) eDirectory(tm) 8.7 Novell Software License Agreement
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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
|
||||
"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.
|
||||
"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.
|
||||
"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.
|
||||
"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.
|
||||
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 (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 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) 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.
|
||||
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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.
|
||||
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
|
||||
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
|
||||
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 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.
|
||||
|
||||
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.
|
||||
|
||||
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
|
||||
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.
|
||||
(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.
|
||||
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 is a registered trademark and eDirectory and NMAS are trademarks of
|
||||
Novell, Inc. in the United States and other countries.
|
||||
|
||||
5
licenses/wrap.sh
Normal file
5
licenses/wrap.sh
Normal file
@ -0,0 +1,5 @@
|
||||
for i in *
|
||||
do
|
||||
fold -sw 80 $i > $i.output
|
||||
mv $i.output $i
|
||||
done
|
||||
Loading…
Reference in New Issue
Block a user