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GroupWise® 2012 SP2 GroupWise WebAccess/Messenger (Limited License) GroupWise GroupWise® 2012 SP2
Coexistence Solution for Exchange GroupWise WebAccess/Messenger (Limited License)
GroupWise Coexistence Solution for Exchange
Novell® Software License Agreement Novell® Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE 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 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, AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF
IF APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT
RECEIPT FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED
DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. EXCEPT AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement (“Agreement”) is a legal agreement This Novell Software License Agreement (“Agreement”) is a legal agreement
between You (an entity or a person) and Novell, Inc. (“Novell”). The between You (an entity or a person) and Novell, Inc. (“Novell”). The software
software product identified in the title of this Agreement for which You have product identified in the title of this Agreement for which You have acquired
acquired licenses, any media and accompanying documentation (collectively licenses, any media and accompanying documentation (collectively the
the “Software”) is protected by the copyright laws and treaties of the “Software”) is protected by the copyright laws and treaties of the United
United States (“U.S.”) and other countries and is subject to the terms of States (“U.S.”) and other countries and is subject to the terms of this
this Agreement. Any update or support release to the Software that You may Agreement. Any update or support release to the Software that You may download
download or receive that is not accompanied by a license agreement expressly or receive that is not accompanied by a license agreement expressly superseding
superseding this Agreement is Software and governed by this Agreement. If this Agreement is Software and governed by this Agreement. If the Software is
the Software is an update or support release, then You must have validly an update or support release, then You must have validly licensed the version
licensed the version and quantity of the Software being updated or supported and quantity of the Software being updated or supported in order to install or
in order to install or use the update or support release. use the update or support release.
The Software may include or be bundled with other software programs licensed 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 under different terms and/or licensed by a licensor other than Novell. Use of
of any software programs accompanied by a separate license agreement is any software programs accompanied by a separate license agreement is governed
governed by that separate license agreement. Any third party software that by that separate license agreement. Any third party software that may be
may be provided with the Software is included for use at Your option. provided with the Software is included for use at Your option.
LICENSED USE LICENSED USE
Commercial Software. Commercial Software.
The following licenses apply to Your use of the Software depending on which 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 product licenses You have purchased and whether You are current on maintenance
for Your licenses. for Your licenses.
“User" means a user object in a single directory tree (or other class of “User" means a user object in a single directory tree (or other class of object
object that contains data representing a person, such as objects containing that contains data representing a person, such as objects containing credit
credit card information or PIN numbers) that has (a) access or use rights card information or PIN numbers) that has (a) access or use rights to any
to any portion of the Software, or (b) access or use rights to products portion of the Software, or (b) access or use rights to products (devices,
(devices, hardware, or software) being managed by the Software, regardless hardware, or software) being managed by the Software, regardless of whether the
of whether the user object is assigned to a person or device. User objects user object is assigned to a person or device. User objects (or other classes
(or other classes of objects) representing the same person that are linked of objects) representing the same person that are linked to each other within a
to each other within a single tree and/or linked across multiple trees count single tree and/or linked across multiple trees count as only one User.
as only one User.
GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable
user license for each User of the Software. Each person who accesses or user license for each User of the Software. Each person who accesses or uses
uses the Software must have at least one user object uniquely assigned to the Software must have at least one user object uniquely assigned to that
that person and access the Software through the user object. The Software person and access the Software through the user object. The Software may only
may only be used for Your own business operations. Provided that You comply be used for Your own business operations. Provided that You comply with the
with the above requirements, You are authorized to use an unlimited number above requirements, You are authorized to use an unlimited number of copies of
of copies of the Software. the Software.
GroupWise WebAccess/Messenger licenses are limited client use licenses and GroupWise WebAccess/Messenger licenses are limited client use licenses and are
are restricted to a User with a mailbox that is used and marked as a limited restricted to a User with a mailbox that is used and marked as a limited client
client license mailbox. WebAccess and/or Messenger licenses cannot be used license mailbox. WebAccess and/or Messenger licenses cannot be used for a
for a mailbox that has been accessed by the GroupWise client for Windows mailbox that has been accessed by the GroupWise client for Windows or Mac
or Mac (grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book (grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book
(addrbook.exe), or a third-party plug-in to the GroupWise client API. (addrbook.exe), or a third-party plug-in to the GroupWise client API.
GroupWise Coexistence Solution for Exchange. Coexistence is an optional GroupWise Coexistence Solution for Exchange. Coexistence is an optional
technology provided with GroupWise that You must license separately on an technology provided with GroupWise that You must license separately on an
annual subscription basis to enable utilization with supported versions of annual subscription basis to enable utilization with supported versions of
Exchange. You must acquire subscriptions for the total number of GroupWise Exchange. You must acquire subscriptions for the total number of GroupWise
Users or the total number of Exchange Users synchronized with Coexistence, Users or the total number of Exchange Users synchronized with Coexistence,
whichever quantity is smaller. Use of Coexistence subscriptions is whichever quantity is smaller. Use of Coexistence subscriptions is conditioned
conditioned on being current on maintenance coverage for all of Your on being current on maintenance coverage for all of Your GroupWise licenses.
GroupWise licenses. Your Coexistence subscription and right to use the Your Coexistence subscription and right to use the Coexistence technology
Coexistence technology terminates and You must uninstall from Your systems terminates and You must uninstall from Your systems and discontinue use of
and discontinue use of Coexistence upon the earlier of (1) termination Coexistence upon the earlier of (1) termination or expiration of maintenance
or expiration of maintenance coverage on Your GroupWise licenses, or (2) coverage on Your GroupWise licenses, or (2) purchase of maintenance coverage
purchase of maintenance coverage for less than the total number of Your for less than the total number of Your GroupWise licenses. If You have
GroupWise licenses. If You have licensed GroupWise under an academic or licensed GroupWise under an academic or school licensing program, then the
school licensing program, then the reference to maintenance coverage in this reference to maintenance coverage in this paragraph refers to Your subscription
paragraph refers to Your subscription coverage. coverage.
eDirectory Software License. The quantity of licenses for the eDirectory eDirectory Software License. The quantity of licenses for the eDirectory
software included with Your lawfully acquired licenses of the Novell software included with Your lawfully acquired licenses of the Novell GroupWise
GroupWise 2012 Software is equal to the greater of (1) the quantity of 2012 Software is equal to the greater of (1) the quantity of licenses You have
licenses You have lawfully acquired for the Novell GroupWise 2012 Software, lawfully acquired for the Novell GroupWise 2012 Software, or (2) 250,000 Users
or (2) 250,000 Users per company/entity. The foregoing eDirectory licenses per company/entity. The foregoing eDirectory licenses are not upgradeable and
are not upgradeable and are otherwise subject to the license agreement are otherwise subject to the license agreement accompanying the eDirectory
accompanying the eDirectory software. The foregoing eDirectory licenses software. The foregoing eDirectory licenses are not upgradeable and are
are not upgradeable and are otherwise subject to the license agreement otherwise subject to the license agreement accompanying the eDirectory software.
accompanying the eDirectory software.
SLES® - Bundle Edition. Notwithstanding the license rights in the license SLES® - Bundle Edition. Notwithstanding the license rights in the license
agreement accompanying the copy of SUSE® Linux Enterprise Server product agreement accompanying the copy of SUSE® Linux Enterprise Server product (SLES)
(SLES) You received with the Software, You agree to use SLES solely for the You received with the Software, You agree to use SLES solely for the purpose of
purpose of running the GroupWise 2012 Software and not as a general purpose running the GroupWise 2012 Software and not as a general purpose operating
operating system. system.
Third Party Components. Additional terms applicable to Your use of the Third Party Components. Additional terms applicable to Your use of the Software
Software are found in the appendix attached hereto. are found in the appendix attached hereto.
Evaluation Software. If the Software is an evaluation version or is provided Evaluation Software. If the Software is an evaluation version or is provided to
to You for evaluation purposes, then Your license to use the Software is You for evaluation purposes, then Your license to use the Software is limited
limited solely to internal evaluation purposes and in accordance with the solely to internal evaluation purposes and in accordance with the terms of the
terms of the evaluation offering under which You received the Software evaluation offering under which You received the Software and expires 90 days
and expires 90 days from installation (or such other period as may be from installation (or such other period as may be indicated within the
indicated within the Software). Upon expiration of the evaluation period, Software). Upon expiration of the evaluation period, You must discontinue use
You must discontinue use of the Software, return to an original state any of the Software, return to an original state any actions performed by the
actions performed by the Software, and delete the Software entirely from Software, and delete the Software entirely from Your system. The Software may
Your system. The Software may contain an automatic disabling mechanism that contain an automatic disabling mechanism that prevents its use after a certain
prevents its use after a certain period of time, so You should back up Your period of time, so You should back up Your system and take other measures to
system and take other measures to prevent any loss of files or data. prevent any loss of files or data.
RESTRICTIONS RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly granted to License Restrictions. Novell reserves all rights not expressly granted to You.
You. The Software is licensed for Your internal use only. You may not (1) The Software is licensed for Your internal use only. You may not (1) reverse
reverse engineer, decompile, or disassemble the Software except and only to engineer, decompile, or disassemble the Software except and only to the extent
the extent it is expressly permitted by applicable law; (2) modify, alter, it is expressly permitted by applicable law; (2) modify, alter, rent,
rent, timeshare, host or lease the Software or sublicense any of Your rights timeshare, host or lease the Software or sublicense any of Your rights under
under this Agreement; or (3) transfer the Software or Your license rights under this Agreement; or (3) transfer the Software or Your license rights under this
this Agreement, in whole or in part, without written permission by Novell. 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 Suite Licenses. If Your license to use the Software is for a suite of products,
products, then for each license only one user may use the products in the then for each license only one user may use the products in the suite. The
suite. The suite license does not allow use of individual products in the suite license does not allow use of individual products in the suite by
suite by multiple users if licensed on a user basis or multiple devices if multiple users if licensed on a user basis or multiple devices if licensed on a
licensed on a device or server basis. device or server basis.
Upgrade Protection. If You purchased upgrade protection or maintenance under a Upgrade Protection. If You purchased upgrade protection or maintenance under a
Novell program for this Software, the upgrade protection or maintenance only 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 entitles You to upgrades of the Software as a whole and does not entitle You to
to upgrades of any component programs or products bundled with the Software upgrades of any component programs or products bundled with the Software or any
or any individual products included in a suite if the Software is licensed individual products included in a suite if the Software is licensed as a suite
as a suite of products. You may separately purchase upgrade protection for of products. You may separately purchase upgrade protection for individual
individual components of the Software if permitted by the applicable Novell components of the Software if permitted by the applicable Novell policies and
policies and programs. programs.
Upgrade Software. This section applies to You if You have purchased the Upgrade Software. This section applies to You if You have purchased the
Software based upon upgrade pricing. “Original Product” means the product Software based upon upgrade pricing. “Original Product” means the product from
from which You are upgrading. You are authorized to use the Software only which You are upgrading. You are authorized to use the Software only if You are
if You are the authorized user of the Original Product and You meet the the authorized user of the Original Product and You meet the following
following conditions: (1) You have acquired the right to use the Software conditions: (1) You have acquired the right to use the Software solely to
solely to replace the Original Product that You acquired legally and that replace the Original Product that You acquired legally and that is qualified to
is qualified to be upgraded with the Software under the Novell policies be upgraded with the Software under the Novell policies existing at the time
existing at the time You acquired the Software; (2) You installed and You acquired the Software; (2) You installed and used the Original Product in
used the Original Product in accordance with the terms and conditions of accordance with the terms and conditions of the applicable license agreement;
the applicable license agreement; and (3) You will not sell or otherwise and (3) You will not sell or otherwise transfer possession of the Original
transfer possession of the Original Product. Product.
Support. Novell has no obligation to provide support unless You purchase an Support. Novell has no obligation to provide support unless You purchase an
offering that expressly includes support services. If You make such a purchase offering that expressly includes support services. If You make such a purchase
and no separate agreement specifically applies to the support services, then and no separate agreement specifically applies to the support services, then
the terms of this Agreement will govern the provision of such support services the terms of this Agreement will govern the provision of such support services
(“Services”). For more information on Novell's current support offerings, (“Services”). For more information on Novell's current support offerings, see
see http://www.novell.com/support. http://www.novell.com/support.
OWNERSHIP OWNERSHIP
No title to or ownership of the Software is transferred to You. Novell and/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 its licensors retain all right, title and interest in and to all intellectual
property rights in the Software and Services, including any adaptations or property rights in the Software and Services, including any adaptations or
copies thereof. You acquire only a conditional license to use the Software. copies thereof. You acquire only a conditional license to use the Software.
LIMITED WARRANTY LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that (1) any 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) media on which the Software is delivered is free from physical defects; and (2)
the Software will substantially conform to the documentation accompanying the the Software will substantially conform to the documentation accompanying the
Software. If the defective items are returned to Novell or if You report 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, nonconformity to Novell within ninety (90) days from the date of purchase,
Novell will at its sole discretion either resolve the nonconformity or Novell will at its sole discretion either resolve the nonconformity or refund
refund the license fees You paid for the Software. Any unauthorized use or the license fees You paid for the Software. Any unauthorized use or
modification to the Software voids this warranty. THE FOREGOING WARRANTY IS 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 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 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.) charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)
Services. Novell warrants that any Services purchased will be supplied Services. Novell warrants that any Services purchased will be supplied in a
in a professional manner in accordance with generally accepted industry professional manner in accordance with generally accepted industry standards.
standards. This warranty will be effective for ninety (90) days following This warranty will be effective for ninety (90) days following delivery of the
delivery of the Services. Upon any breach of this warranty, Novell’s only Services. Upon any breach of this warranty, Novell’s only obligation is to
obligation is to either correct the Services so that they comply with this either correct the Services so that they comply with this warranty or at its
warranty or at its option refund the amount You paid to Novell for the option refund the amount You paid to Novell for the portion of the Services
portion of the Services that fail to comply with this warranty. As files may that fail to comply with this warranty. As files may be altered or damaged in
be altered or damaged in the course of Novell providing technical services, the course of Novell providing technical services, You agree to take
You agree to take appropriate measures to isolate and back up Your systems. appropriate measures to isolate and back up Your systems.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION
WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
Novell or Your reseller for information about compatibility. reseller for information about compatibility.
Non-Novell Products. The Software may include or be bundled with hardware or 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 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 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 PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY
ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH
WITH THE APPLICABLE LICENSOR WARRANTY. THE APPLICABLE LICENSOR WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY,
WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY.
WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE
BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and
limitations of warranties, so portions of the above limitations may not limitations of warranties, so portions of the above limitations may not apply
apply to You. This limited warranty gives You specific rights and You may to You. This limited warranty gives You specific rights and You may also have
also have other rights which vary by state or jurisdiction. other rights which vary by state or jurisdiction.
LIMITATION OF LIABILITY LIMITATION OF LIABILITY
Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR
OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE
THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. Direct Damages. IN NO EVENT WILL NOVELL'S POSSIBILITY OF THOSE DAMAGES.
AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
BY YOU FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR
(U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE
limitations will not apply to claims relating to death or personal injury. In SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply
those jurisdictions that do not allow the exclusion or limitation of damages, to claims relating to death or personal injury. In those jurisdictions that do
Novell's liability shall be limited or excluded to the maximum extent allowed not allow the exclusion or limitation of damages, Novell's liability shall be
within those jurisdictions. limited or excluded to the maximum extent allowed within those jurisdictions.
GENERAL TERMS GENERAL TERMS
Term. This Agreement becomes effective on the date You legally acquire 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 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 the Software is provided to You on a subscription basis, then Your right to
to possess or use the Software will terminate at the end of the applicable 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. Upon termination of this Agreement or any applicable
subscription period, You must destroy the original and all copies of the 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. Software or return them to Novell and delete the Software from Your systems.
Verification. Novell may, upon fifteen (15) days’ advance notice and at Verification. Novell may, upon fifteen (15) days’ advance notice and at its
its expense, conduct an annual audit, during your normal business hours, expense, conduct an annual audit, during your normal business hours, of your
of your use of the Software and Documentation to verify compliance with use of the Software and Documentation to verify compliance with this Agreement.
this Agreement. You agree to implement internal safeguards to prevent any You agree to implement internal safeguards to prevent any unauthorized copying,
unauthorized copying, distribution, installation, or use of, or access to, distribution, installation, or use of, or access to, the Software. You further
the Software. You further agree to keep records sufficient to certify your agree to keep records sufficient to certify your compliance with this
compliance with this Agreement, and, upon request of Novell, provide and Agreement, and, upon request of Novell, provide and certify metrics and/or
certify metrics and/or reports based upon such records and accounting both reports based upon such records and accounting both numbers of copies (by
numbers of copies (by product and version) and network architectures as they product and version) and network architectures as they may reasonably relate to
may reasonably relate to your licensing and deployment of the Software. You your licensing and deployment of the Software. You shall provide Novell or an
shall provide Novell or an authorized representative with access to records, authorized representative with access to records, hardware and employees in
hardware and employees in order to perform the audit. Upon Novell’s or order to perform the audit. Upon Novell’s or its authorized representative’s
its authorized representative’s presentation of their reasonable written presentation of their reasonable written commitment(s) to safeguard your
commitment(s) to safeguard your confidential information, you shall fully confidential information, you shall fully cooperate with such audit and provide
cooperate with such audit and provide any necessary assistance and access to any necessary assistance and access to records and computers. If an audit
records and computers. If an audit reveals that you have or at any time have reveals that you have or at any time have had unlicensed installation, use of,
had unlicensed installation, use of, or access to the Software, You will or access to the Software, You will promptly acquire sufficient licenses to
promptly acquire sufficient licenses to cover any shortage. If a material cover any shortage. If a material license shortage of 5% or more is found, you
license shortage of 5% or more is found, you must reimburse Novell for the must reimburse Novell for the costs incurred in the audit and acquire the
costs incurred in the audit and acquire the necessary additional licenses necessary additional licenses within 30 days without the benefit of any
within 30 days without the benefit of any otherwise applicable discount. otherwise applicable discount.
Benchmark Testing. This benchmark testing restriction applies to You if Benchmark Testing. This benchmark testing restriction applies to You if You are
You are a software developer or licensor or if You are performing testing a software developer or licensor or if You are performing testing on the
on the Software at the direction of or on behalf of a software developer Software at the direction of or on behalf of a software developer or licensor.
or licensor. You may not, without Novell's prior written consent not to be You may not, without Novell's prior written consent not to be unreasonably
unreasonably withheld, publish or disclose to any third party the results of withheld, publish or disclose to any third party the results of any benchmark
any benchmark test of the Software. If You are a licensor of products that are test of the Software. If You are a licensor of products that are functionally
functionally similar to or compete with the Software (“Similar Products”), similar to or compete with the Software (“Similar Products”), or are acting on
or are acting on behalf of such a licensor, and You publish or disclose behalf of such a licensor, and You publish or disclose benchmark information on
benchmark information on the Software in violation of this restriction, the Software in violation of this restriction, then notwithstanding anything to
then notwithstanding anything to the contrary in the Similar Product's end the contrary in the Similar Product's end user license agreement, and in
user license agreement, and in addition to any other remedies Novell may addition to any other remedies Novell may have, Novell shall have the right to
have, Novell shall have the right to perform benchmark testing on Similar perform benchmark testing on Similar Products and to disclose and publish that
Products and to disclose and publish that benchmark information and You benchmark information and You hereby represent that You have authority to grant
hereby represent that You have authority to grant such right to Novell. such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or otherwise Open Source. Nothing in this Agreement shall restrict, limit or otherwise
affect any rights or obligations You may have, or conditions to which affect any rights or obligations You may have, or conditions to which You may
You may be subject, under any applicable open source licenses to any open be subject, under any applicable open source licenses to any open source code
source code contained in the Software. Transfer. This Agreement may not contained in the Software.
be transferred or assigned without the prior written approval of Novell. Transfer. This Agreement may not be transferred or assigned without the prior
Law and Jurisdiction. This Agreement is governed by the laws of the State of written approval of Novell.
Utah, U.S. Any action at law relating to this Agreement may only be brought Law and Jurisdiction. This Agreement is governed by the laws of the State of
before the courts of competent jurisdiction of the State of Utah. If, however, Utah, U.S. Any action at law relating to this Agreement may only be brought
Your country of principal residence is a member state of the European Union or before the courts of competent jurisdiction of the State of Utah. If, however,
the European Free Trade Association, this Agreement is governed by the laws Your country of principal residence is a member state of the European Union or
of that country, and any action at law may only be brought before a court the European Free Trade Association, this Agreement is governed by the laws of
of competent jurisdiction of that country. Entire Agreement. This Agreement that country, and any action at law may only be brought before a court of
sets forth the entire understanding and agreement between You and Novell and competent jurisdiction of that country.
may be amended or modified only by a written agreement agreed to by You and Entire Agreement. This Agreement sets forth the entire understanding and
an authorized representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER, agreement between You and Novell and may be amended or modified only by a
RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS written agreement agreed to by You and an authorized representative of Novell.
AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE
OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE
right under this Agreement will be effective unless in writing, signed by a THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
duly authorized representative of the party to be bound. No waiver of any Waiver. No waiver of any right under this Agreement will be effective unless in
past or present right arising from any breach or failure to perform will writing, signed by a duly authorized representative of the party to be bound.
be deemed to be a waiver of any future right arising under this Agreement. No waiver of any past or present right arising from any breach or failure to
Severability. If any provision in this Agreement is invalid or unenforceable, perform will be deemed to be a waiver of any future right arising under this
that provision will be construed, limited, modified or, if necessary, severed, Agreement.
to the extent necessary, to eliminate its invalidity or unenforceability, Severability. If any provision in this Agreement is invalid or unenforceable,
and the other provisions of this Agreement will remain unaffected. that provision will be construed, limited, modified or, if necessary, severed,
Export Compliance. Any products or technical information provided under to the extent necessary, to eliminate its invalidity or unenforceability, and
this Agreement may be subject to U.S. export controls and the trade laws the other provisions of this Agreement will remain unaffected.
of other countries. The parties agree to comply with all export control Export Compliance. Any products or technical information provided under this
regulations and to obtain any required licenses or classification to export, Agreement may be subject to U.S. export controls and the trade laws of other
re-export or import deliverables. The parties agree not to export or re-export countries. The parties agree to comply with all export control regulations and
to entities on the current U.S. export exclusion lists or to any embargoed to obtain any required licenses or classification to export, re-export or
or terrorist countries as specified in the U.S. export laws. The parties will import deliverables. The parties agree not to export or re-export to entities
not use deliverables for prohibited nuclear, missile, or chemical biological on the current U.S. export exclusion lists or to any embargoed or terrorist
weaponry end uses. Please consult the Bureau of Industry and Security web page countries as specified in the U.S. export laws. The parties will not use
www.bis.doc.gov before exporting Novell products from the U.S. Please refer deliverables for prohibited nuclear, missile, or chemical biological weaponry
to http://www.novell.com/company/legal/ for more information on exporting end uses. Please consult the Bureau of Industry and Security web page
Novell software. Upon request, Novell will provide You specific information www.bis.doc.gov before exporting Novell products from the U.S. Please refer to
regarding applicable restrictions. However, Novell assumes no responsibility http://www.novell.com/company/legal/ for more information on exporting Novell
for Your failure to obtain any necessary export approvals. U.S. Government software. Upon request, Novell will provide You specific information regarding
Restricted Rights. Use, duplication, or disclosure by the U.S. Government applicable restrictions. However, Novell assumes no responsibility for Your
is subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III failure to obtain any necessary export approvals.
(June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) (3) (Nov U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S.
1995), or applicable successor clauses. Contractor/Manufacturer is Novell, Government is subject to the restrictions in FAR 52.227-14 (June 1987)
Inc., 1800 South Novell Place, Provo, Utah 84606. Other. The application Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)
of the United Nations Convention of Contracts for the International Sale of (3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is
Goods is expressly excluded. 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 Novell and GroupWise are registered trademarks of Novell, Inc. in the United
States and other countries. SLES and SUSE are registered trademarks of SUSE States and other countries. SLES and SUSE are registered trademarks of SUSE LLC
LLC in the United States and other countries. eDirectory is a trademark of in the United States and other countries. eDirectory is a trademark of NetIQ
NetIQ Corporation in the United States and other countries. All third party Corporation in the United States and other countries. All third party
trademarks are the property of their respective owners. trademarks are the property of their respective owners.
**************************************** APPENDIX THIRD PARTY COMPONENTS ****************************************
(Oracle) The Software contains viewer software licensed by Novell from Oracle APPENDIX
America, Inc. (“Oracle”). For purposes of this addendum, the term “program” THIRD PARTY COMPONENTS
refers to the Oracle viewer software and related Oracle components. Oracle (Oracle)
requires that You agree to the following terms regarding use of the program. The Software contains viewer software licensed by Novell from Oracle America,
Terms of Use 1) Your use the program is restricted to the scope of the Inc. (“Oracle”). For purposes of this addendum, the term “program” refers to
Software and to Your internal business operations. You may permit Your agents, the Oracle viewer software and related Oracle components. Oracle requires that
contractors, outsourcers and non-employee users to use the program on Your You agree to the following terms regarding use of the program.
behalf for Your internal business operations, subject to the terms of the end Terms of Use
user license agreement and provided that You are responsible for their use 1) Your use the program is restricted to the scope of the Software and to Your
of the Software and compliance with the end user license agreement. Physical internal business operations. You may permit Your agents, contractors,
control and administrative control of the programs must remain with the outsourcers and non-employee users to use the program on Your behalf for Your
legal entity that executed the end user license agreement. 2) You are internal business operations, subject to the terms of the end user license
prohibited from (a) transferring the program except for temporary transfer agreement and provided that You are responsible for their use of the Software
in the event of computer malfunction if the Software embeds the program and compliance with the end user license agreement. Physical control and
in a physical device; (b) assigning, giving, or transferring the program administrative control of the programs must remain with the legal entity that
or an interest in them to another individual or entity (and if You grant a executed the end user license agreement.
security interest in the programs, the secured party has no right to use or 2) You are prohibited from (a) transferring the program except for temporary
transfer the programs). 3) Oracle or its licensor retains all ownership and transfer in the event of computer malfunction if the Software embeds the
intellectual property rights to the program. 4) You are prohibited from: program in a physical device; (b) assigning, giving, or transferring the
(a) use of the program for rental, timesharing, subscription service, program or an interest in them to another individual or entity (and if You
hosting, or outsourcing; (b) the removal or modification of any program grant a security interest in the programs, the secured party has no right to
markings or any notice of Oracle’s or its licensors’ proprietary rights; use or transfer the programs).
(c) making the programs available in any manner to any third party for use 3) Oracle or its licensor retains all ownership and intellectual property
in the third party’s business operations (unless such access is expressly rights to the program.
permitted for the specific program license); (d) reverse engineering (unless 4) You are prohibited from: (a) use of the program for rental, timesharing,
required by law for interoperability), disassembly or decompilation of the subscription service, hosting, or outsourcing; (b) the removal or modification
programs (the foregoing prohibition includes but is not limited to review of any program markings or any notice of Oracle’s or its licensors’ proprietary
of data structures or similar materials produced by programs); and (e) rights; (c) making the programs available in any manner to any third party for
publication of any results of benchmark tests run on the programs. 5) You use in the third party’s business operations (unless such access is expressly
are required to comply fully with all relevant export laws and regulations permitted for the specific program license); (d) reverse engineering (unless
of the United States and other applicable export and import laws to assure required by law for interoperability), disassembly or decompilation of the
that neither the programs, nor any direct product thereof, are exported, programs (the foregoing prohibition includes but is not limited to review of
directly or indirectly, in violation of applicable laws. The Software of data structures or similar materials produced by programs); and (e) publication
the Uniform Computer Information Transactions Act is excluded. 6) You are of any results of benchmark tests run on the programs.
hereby notified that the programs are subject to this restricted license and 5) You are required to comply fully with all relevant export laws and
can only be used in conjunction with the Software. You are not permitted to regulations of the United States and other applicable export and import laws to
modify the programs. At the termination of the end user license agreement, You assure that neither the programs, nor any direct product thereof, are exported,
will discontinue use and destroy all copies of the program and documentation. directly or indirectly, in violation of applicable laws. The Software of the
7) You agree to permit Novell to audit Your use of the programs and report the Uniform Computer Information Transactions Act is excluded.
audit results to Oracle or allow Oracle to perform the audit at Your cost. You 6) You are hereby notified that the programs are subject to this restricted
agree to designate Oracle as a third party beneficiary of the agreement with license and can only be used in conjunction with the Software. You are not
respect to the programs. You may not require Oracle to perform any obligations permitted to modify the programs. At the termination of the end user license
or incur any liability not previously agreed to between Novell and Oracle. agreement, You will discontinue use and destroy all copies of the program and
8) To the extent permitted by applicable law, Oracle disclaims liability for documentation.
(a) any damages, whether direct, indirect, incidental, special, punitive 7) You agree to permit Novell to audit Your use of the programs and report the
or consequential, and (b) any loss of profits, revenue, data or data use, audit results to Oracle or allow Oracle to perform the audit at Your cost. You
arising from the use of the programs. 9) Some programs may include source code agree to designate Oracle as a third party beneficiary of the agreement with
that Oracle may provide as part of its standard shipment of such programs, respect to the programs. You may not require Oracle to perform any obligations
which source code shall be governed by the terms of the end user license or incur any liability not previously agreed to between Novell and Oracle.
agreement. Third party technology that may be appropriate or necessary for 8) To the extent permitted by applicable law, Oracle disclaims liability for
use with some Oracle programs is specified in the Software documentation (a) any damages, whether direct, indirect, incidental, special, punitive or
or as otherwise notified. Such third party technology is licensed to You consequential, and (b) any loss of profits, revenue, data or data use, arising
only for use with the program under the terms of the third party license from the use of the programs.
agreement specified in the Software documentation or as otherwise notified 9) Some programs may include source code that Oracle may provide as part of its
and not under the terms of the end user license agreement. (February 2013) 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)

419
licenses/Novell-ConsoleOne-SnapIn
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@ -1,259 +1,238 @@
ConsoleOne(tm) Snap-ins ConsoleOne(tm) Snap-ins
Novell(r) Software License Agreement Novell(r) Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE
USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT
SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement ("Agreement") is a legal This Novell Software License Agreement ("Agreement") is a legal agreement
agreement between You (an entity or a person) and Novell, Inc. between You (an entity or a person) and Novell, Inc. ("Novell"). However, if
("Novell"). However, if You obtained the Software in Europe, the You obtained the Software in Europe, the Middle-East or Africa, any license
Middle-East or Africa, any license under this Agreement is granted to under this Agreement is granted to You by, or on behalf of, Novell Ireland
You by, or on behalf of, Novell Ireland Software Limited. The Software Limited. The software product identified in the title of this
software product identified in the title of this Agreement, media (if Agreement, media (if any) and accompanying documentation (collectively the
any) and accompanying documentation (collectively the "Software") is "Software") is protected by the copyright laws and treaties of the United
protected by the copyright laws and treaties of the United States States ("U.S.") and other countries and is subject to the terms of this
("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
Agreement. If You do not agree with the terms of this Agreement, do download, install or otherwise use the Software and, if applicable, return the
not download, install or otherwise use the Software and, if entire unused package to the reseller with Your receipt for a refund. The
applicable, return the entire unused package to the reseller with Software is licensed to You, not sold.
Your receipt for a refund. The Software is licensed to You, not sold.
The Software may include or be bundled with other software programs The Software may include or be bundled with other software programs licensed
licensed under different terms and/or licensed by a vendor other than under different terms and/or licensed by a vendor other than Novell. Use of any
Novell. Use of any software programs accompanied by a separate software programs accompanied by a separate license agreement is governed by
license agreement is governed by that separate license agreement. that separate license agreement. Any third party software that may be provided
Any third party software that may be provided with the Software is with the Software is included for use at Your option. Novell is not
included for use at Your option. Novell is not responsible for any responsible for any third party's software and shall have no liability for Your
third party's software and shall have no liability for Your use of use of third party software.
third party software.
LICENSED USE LICENSED USE
Commercial Software. Commercial Software.
This Agreement applies to all ConsoleOne Snap-ins provided free of This Agreement applies to all ConsoleOne Snap-ins provided free of charge.
charge. Such Snap-ins are intended for use solely with their Such Snap-ins are intended for use solely with their associated products: for
associated products: for example, eDirectory(tm) Snap-ins are to be example, eDirectory(tm) Snap-ins are to be used only with legally acquired
used only with legally acquired eDirectory software, and Novell eDirectory software, and Novell Single Sign-on Snap-ins are to be used only
Single Sign-on Snap-ins are to be used only with legally acquired with legally acquired Novell Single Sign-on software.
Novell Single Sign-on software.
License. Subject to the terms and conditions of this License, Novell License. Subject to the terms and conditions of this License, Novell grants You
grants You a non-exclusive, non-transferable right for Your internal a non-exclusive, non-transferable right for Your internal use to use the
use to use the Software in a quantity necessary for its intended Software in a quantity necessary for its intended purpose as stated above. You
purpose as stated above. You may not redistribute this Software. may not redistribute this Software. Novell reserves all rights not expressly
Novell reserves all rights not expressly granted to You. Use of any granted to You. Use of any software programs accompanied by a separate license
software programs accompanied by a separate license agreement shall agreement shall be governed by that separate license agreement.
be governed by that separate license agreement.
Evaluation Software. If the Software is an evaluation version or is Evaluation Software. If the Software is an evaluation version or is provided to
provided to You for evaluation purposes, then Your license to use the You for evaluation purposes, then Your license to use the Software is limited
Software is limited solely to internal evaluation purposes in solely to internal evaluation purposes in accordance with the terms of the
accordance with the terms of the evaluation offering under which You evaluation offering under which You received the Software and expires 90 days
received the Software and expires 90 days from installation (or such from installation (or such other period as indicated by the Software) and the
other period as indicated by the Software) and the Software may cease Software may cease to function. Unless otherwise authorized by Novell, Your
to function. Unless otherwise authorized by Novell, Your license to license to install and use the Software is limited to the greater of (1) one
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
copy of the Software, or (2) the smallest stratification in which licenses for the Software. Upon expiration of the evaluation period, You must
Novell sells licenses for the Software. Upon expiration of the discontinue use of the Software and delete the Software entirely from Your
evaluation period, You must discontinue use of the Software and system. The Software may contain an automatic disabling mechanism that prevents
delete the Software entirely from Your system. The Software may its use after a certain period of time, so You should back up Your system and
contain an automatic disabling mechanism that prevents its use after take other measures to prevent any loss of files or data. Use of the Software
a certain period of time, so You should back up Your system and take is entirely
other measures to prevent any loss of files or data. Use of the at Your own risk.
Software is entirely at Your own risk.
RESTRICTIONS RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly License Restrictions. Novell reserves all rights not expressly granted to You.
granted to You. You may not: (1) increase, by any means whatsoever, You may not: (1) increase, by any means whatsoever, the number of connections
the number of connections supported by the Software and licensed to supported by the Software and licensed to You or support more than one
You or support more than one connection or user through a single connection or user through a single connection; (2) reverse engineer,
connection; (2) reverse engineer, decompile, or disassemble the decompile, or disassemble the Software except and only to the extent it is
Software except and only to the extent it is expressly permitted by expressly permitted by applicable law; (3) modify, alter, rent, timeshare or
applicable law; (3) modify, alter, rent, timeshare or lease the lease the Software or sublicense any of Your rights under this Agreement; or
Software or sublicense any of Your rights under this Agreement; or (4) transfer the Software or Your license rights under this Agreement, in whole
(4) transfer the Software or Your license rights under this or in part.
Agreement, in whole or in part.
Suite Licenses. If Your license to use the Software is for a suite Suite Licenses. If Your license to use the Software is for a suite of
of products, then only one user may use all products in the suite products, then only one user may use all products in the suite (unless
(unless otherwise indicated by the Software). The suite license does otherwise indicated by the Software). The suite license does not allow use of
not allow use of individual products in the suite by multiple users. individual products in the suite by multiple users.
Upgrade License. This section applies to You if the Software is an Upgrade License. This section applies to You if the Software is an upgrade
upgrade version or is provided to You as an upgrade. "Original version or is provided to You as an upgrade. "Original Product" means the
Product" means the product from which You are upgrading. You are product from which You are upgrading. You are authorized to use the Software
authorized to use the Software only if You are the sole and original, only if You are the sole and original, authorized user of the Original Product
authorized user of the Original Product and You meet the following and You meet the following conditions: (1) You have acquired the right to use
conditions: (1) You have acquired the right to use the Software the Software solely to replace the Original Product that You acquired legally
solely to replace the Original Product that You acquired legally and and that qualified to be upgraded with the Software under the Novell policies
that qualified to be upgraded with the Software under the Novell existing at the time You acquired the Software; (2) You installed and used the
policies existing at the time You acquired the Software; (2) You Original Product in accordance with the terms and conditions of the applicable
installed and used the Original Product in accordance with the terms license agreement; (3) At the time You acquired the Original Product, You
and conditions of the applicable license agreement; (3) At the time acquired a complete and authentic copy of the Original Product, including all
You acquired the Original Product, You acquired a complete and disks and manuals, and not simply a master or license disk; (4) You have not
authentic copy of the Original Product, including all disks and acquired the Original Product as scrap or through a second hand purchase from a
manuals, and not simply a master or license disk; (4) You have not dealer,
acquired the Original Product as scrap or through a second hand distributor or another end user; (5) You will permanently discontinue use of
purchase from a dealer, distributor or another end user; (5) You will the Original Product within sixty (60) days of installation of the Software;
permanently discontinue use of the Original Product within sixty (60) and (6) You will not sell or otherwise transfer possession of the Original
days of installation of the Software; and (6) You will not sell or Product.
otherwise transfer possession of the Original Product.
Additive License. This section applies to You if You are acquiring Additive License. This section applies to You if You are acquiring the Software
the Software to add additional users or servers to a previously to add additional users or servers to a previously acquired product (referred
acquired product (referred to below as the "Base Product"). You are to below as the "Base Product"). You are authorized to use the Software only if
authorized to use the Software only if You are the sole and original, You are the sole and original, authorized user of the Base Product and You meet
authorized user of the Base Product and You meet the following the following conditions: (1) You have acquired the right to use this Software
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
solely to add additional users or servers to the Base Product that legally; (2) At the time You acquired the Base Product, You acquired a complete
You acquired legally; (2) At the time You acquired the Base Product, and authentic copy of the Base Product, including all disks and manuals, and
You acquired a complete and authentic copy of the Base Product, not simply a master or license disk; and (3) You have not acquired the Base
including all disks and manuals, and not simply a master or license Product as scrap or through a second hand purchase from a dealer, distributor
disk; and (3) You have not acquired the Base Product as scrap or or another end user.
through a second hand purchase from a dealer, distributor or another
end user.
Commercial Public Service Restriction. The Software is licensed for Commercial Public Service Restriction. The Software is licensed for Your
Your internal use only. If You are a provider of internet services, internal use only. If You are a provider of internet services, remote or hosted
remote or hosted management services or information technology management services or information technology outsourcing services, this
outsourcing services, this Agreement does not permit You to use the Agreement does not permit You to use the Software for providing such services.
Software for providing such services. If You would like to use the If You would like to use the Software for any such purposes, You must obtain a
Software for any such purposes, You must obtain a separate license separate license from Novell. For more information, see
from Novell. For more information, see http://www.novell.com/internet. http://www.novell.com/internet.
Support. Novell has no obligation to provide support for the Support. Novell has no obligation to provide support for the Software. For more
Software. For more information on Novell's current support offerings, information on Novell's current support offerings, see
see http://support.novell.com. http://support.novell.com.
OWNERSHIP RIGHTS OWNERSHIP RIGHTS
No title to or ownership of the Software is transferred to You. No title to or ownership of the Software is transferred to You. Novell and/or
Novell and/or its licensors owns and retains all title and ownership its licensors owns and retains all title and ownership of all intellectual
of all intellectual property rights in the Software, including any property rights in the Software, including any adaptations or copies. You
adaptations or copies. You acquire only a license to use the Software. acquire only a license to use the Software.
LIMITED WARRANTY LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that For ninety (90) days from Your date of purchase, Novell warrants that (1) any
(1) any media on which the Software is delivered is free from media on which the Software is delivered is free from physical defects; and (2)
physical defects; and (2) the Software will substantially conform to the Software will substantially conform to the documentation accompanying the
the documentation accompanying the Software. If the defective items Software. If the defective items are returned to Novell or if You report the
are returned to Novell or if You report the nonconformity to Novell nonconformity to Novell within ninety (90) days from the date of purchase,
within ninety (90) days from the date of purchase, Novell will at its Novell will at its sole discretion either resolve the nonconformity or refund
sole discretion either resolve the nonconformity or refund the the license fees You paid for the Software. Any misuse or unauthorized
license fees You paid for the Software. Any misuse or unauthorized modification of the Software voids this warranty. THE FOREGOING WARRANTY IS
modification of the Software voids this warranty. THE FOREGOING YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OR IMPLIED. (The foregoing warranty does not apply to Software provided free of
OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does charge. SUCH SOFTWARE IS PROVIDED ?AS IS? WITHOUT ANY WARRANTIES OF ANY KIND.)
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 THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
Call Novell or Your dealer for information about compatibility. dealer for information about compatibility.
Non-Novell Products. The Software may include or be bundled with Non-Novell Products. The Software may include or be bundled with hardware or
hardware or other software programs licensed or sold by a vendor other software programs licensed or sold by a vendor other than Novell. NOVELL
other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS
SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE
FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT VENDOR IN PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.
ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE,
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO
PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED
EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions jurisdictions do not allow certain disclaimers and limitations of warranties,
do not allow certain disclaimers and limitations of warranties, so so portions of the above limitations may not apply to You. This limited
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
warranty gives You specific rights and You may also have other rights vary from state to state.
which vary from state to state.
LIMITATION OF LIABILITY LIMITATION OF LIABILITY
(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, (a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT
SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. POSSIBILITY OF THOSE DAMAGES.
(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR (b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF
SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF
THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations CHARGE]. The above exclusions and limitations will not apply to claims
will not apply to claims relating to death or personal injury. In relating to death or personal injury. In those jurisdictions that do not allow
those jurisdictions that do not allow the exclusion or limitation of the exclusion or limitation of damages, Novell's liability shall be limited or
damages, Novell's liability shall be limited or excluded to the excluded to the maximum extent allowed within those jurisdictions.
maximum extent allowed within those jurisdictions.
GENERAL TERMS GENERAL TERMS
Term. This Agreement becomes effective on the date You legally Term. This Agreement becomes effective on the date You legally acquire the
acquire the Software and will automatically terminate if You breach Software and will automatically terminate if You breach any of its terms. Upon
any of its terms. Upon termination of this Agreement, You must termination of this Agreement, You must destroy the original and all copies of
destroy the original and all copies of the Software or return them to the Software or return them to Novell and delete the Software from Your
Novell and delete the Software from Your systems. systems.
Transfer. This Agreement may not be transferred or assigned without Transfer. This Agreement may not be transferred or assigned without the prior
the prior written approval of Novell. written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the Law and Jurisdiction. This Agreement is governed by the laws of the State of
State of Utah, U.S. Any action at law relating to this Agreement may Utah, U.S. Any action at law relating to this Agreement may only be brought
only be brought before the courts of competent jurisdiction of the before the courts of competent jurisdiction of the State of Utah. If, however,
State of Utah. If, however, Your country of principal residence is a Your country of principal residence is a member state of the European Union or
member state of the European Union or the European Free Trade the European Free Trade Association, this Agreement is governed by the laws of
Association, this Agreement is governed by the laws of that country, that country, and any action at law may only be brought before a court of
and any action at law may only be brought before a court of competent competent jurisdiction of that country.
jurisdiction of that country. Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if
Entire Agreement. This Agreement and the Upgrade/Additive Agreement applicable) sets forth the entire understanding and agreement between You and
(if applicable) sets forth the entire understanding and agreement Novell and may be amended only in a writing signed by both parties. NO VENDOR,
between You and Novell and may be amended only in a writing signed by DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS
both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE
SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN Waiver. No waiver of any right under this Agreement will be effective unless in
ADDITION TO, THE TERMS OF THIS AGREEMENT. writing, signed by a duly authorized representative of the party to be bound.
Waiver. No waiver of any right under this Agreement will be effective No waiver of any past or present right arising from any breach or failure to
unless in writing, signed by a duly authorized representative of the perform will be deemed to be a waiver of any future right arising under this
party to be bound. No waiver of any past or present right arising Agreement.
from any breach or failure to perform will be deemed to be a waiver Severability. If any provision in this Agreement is invalid or unenforceable,
of any future right arising under this Agreement. that provision will be construed, limited, modified or, if necessary, severed,
Severability. If any provision in this Agreement is invalid or to the extent necessary, to eliminate its invalidity or unenforceability, and
unenforceable, that provision will be construed, limited, modified the other provisions of this Agreement will remain unaffected.
or, if necessary, severed, to the extent necessary, to eliminate its Export. You agree to comply with any international and national laws that apply
invalidity or unenforceability, and the other provisions of this to the Software and other Confidential Information, including the United States
Agreement will remain unaffected. of America Export Administration Regulations, as well as any end-user and
Export. You agree to comply with any international and national laws country-destination restrictions issued by the U.S. and other governments.
that apply to the Software and other Confidential Information, Please refer to Export Matrix for Novell Products for more information on
including the United States of America Export Administration exporting the Software. You can download a copy from the following web site:
Regulations, as well as any end-user and country-destination http://www.novell.com/info/exports/matrix.html or You can obtain a copy from
restrictions issued by the U.S. and other governments. Please refer Your local Novell office.
to Export Matrix for Novell Products for more information on U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S.
exporting the Software. You can download a copy from the following Government is subject to the restrictions in FAR 52.227-14 (June 1987)
web site: http://www.novell.com/info/exports/matrix.html or You can Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013
obtain a copy from Your local Novell office. (b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is
U.S. Government Restricted Rights. Use, duplication, or disclosure by Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
the U.S. Government is subject to the restrictions in FAR 52.227-14 Other. The application of the United Nations Convention of Contracts for the
(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or International Sale of Goods is expressly excluded.
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. (c)1993, 2001 Novell, Inc. All Rights Reserved.
Novell is a registered trademark and ConsoleOne and eDirectory are Novell is a registered trademark and ConsoleOne and eDirectory are trademarks
trademarks of Novell, Inc. in the United States and other countries. of Novell, Inc. in the United States and other countries.

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Novell® Messenger 2.2 Novell® Messenger 2.2
Novell Software License Agreement Novell Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE
OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF
INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT
UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement (“Agreement”) is a legal This Novell Software License Agreement (“Agreement”) is a legal agreement
agreement between You (an entity or a person) and Novell, Inc. between You (an entity or a person) and Novell, Inc. (“Novell”). The
(“Novell”). The software product identified in the title of this software product identified in the title of this Agreement for which You have
Agreement for which You have acquired licenses, any media and acquired licenses, any media and accompanying documentation (collectively the
accompanying documentation (collectively the “Software”) is “Software”) is protected by the copyright laws and treaties of the United
protected by the copyright laws and treaties of the United States States (“U.S.”) and other countries and is subject to the terms of this
(“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
Agreement. Any update or support release to the Software that You or receive that is not accompanied by a license agreement expressly superseding
may download or receive that is not accompanied by a license this Agreement is Software and governed by this Agreement. If the Software is
agreement expressly superseding this Agreement is Software and an update or support release, then You must have validly licensed the version
governed by this Agreement. If the Software is an update or support and quantity of the Software being updated or supported in order to install or
release, then You must have validly licensed the version and quantity use the update or support release.
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 The Software may include or be bundled with other software programs licensed
licensed under different terms and/or licensed by a licensor other under different terms and/or licensed by a licensor other than Novell. Use of
than Novell. Use of any software programs accompanied by a separate any software programs accompanied by a separate license agreement is governed
license agreement is governed by that separate license agreement. by that separate license agreement. Any third party software that may be
Any third party software that may be provided with the Software is provided with the Software is included for use at Your option.
included for use at Your option.
LICENSED USE LICENSED USE
Commercial Software. Commercial Software.
"User" means a user object in a single directory tree (or other class "User" means a user object in a single directory tree (or other class of object
of object that contains data representing a person, such as objects that contains data representing a person, such as objects containing credit
containing credit card information or PIN numbers) that has (a) card information or PIN numbers) that has (a) access or use rights to any
access or use rights to any portion of the Software, or (b) access or portion of the Software, or (b) access or use rights to products (devices,
use rights to products (devices, hardware, or software) being managed hardware, or software) being managed by the Software, regardless of whether the
by the Software, regardless of whether the user object is assigned to user object is assigned to a person or device. User objects (or other classes
a person or device. User objects (or other classes of objects) of objects) representing the same person that are linked to each other within a
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
single tree and/or linked across multiple trees count as only one person who accesses or uses the Software must have at least one user object
User. Each person who accesses or uses the Software must have at uniquely assigned to that person and access the Software through the user
least one user object uniquely assigned to that person and access the object.
Software through the user object.
You must have a valid Novell GroupWise® 7 or Novell Vibe™ OnPrem 3 You must have a valid Novell GroupWise® 7 or Novell Vibe™ OnPrem 3 (or
(or subsequent version) user license for each User of the Software. subsequent version) user license for each User of the Software. The Software
The Software may only be used by a User with a qualifying Novell may only be used by a User with a qualifying Novell GroupWise or Novell Vibe
GroupWise or Novell Vibe OnPrem software license. OnPrem software license.
Evaluation Software. If the Software is an evaluation version or is Evaluation Software. If the Software is an evaluation version or is provided
provided to You for evaluation purposes, then Your license to use the to You for evaluation purposes, then Your license to use the Software is
Software is limited solely to internal evaluation purposes and in limited solely to internal evaluation purposes and in accordance with the terms
accordance with the terms of the evaluation offering under which You of the evaluation offering under which You received the Software and expires 90
received the Software and expires 90 days from installation (or such days from installation (or such other period as may be indicated within the
other period as may be indicated within the Software). Upon Software). Upon expiration of the evaluation period, You must discontinue use
expiration of the evaluation period, You must discontinue use of the of the Software, return to an original state any actions performed by the
Software, return to an original state any actions performed by the Software, and delete the Software entirely from Your system. The Software may
Software, and delete the Software entirely from Your system. The contain an automatic disabling mechanism that prevents its use after a certain
Software may contain an automatic disabling mechanism that prevents period of time, so You should back up Your system and take other measures to
its use after a certain period of time, so You should back up Your prevent any loss of files or data.
system and take other measures to prevent any loss of files or data.
RESTRICTIONS RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly License Restrictions. Novell reserves all rights not expressly granted to You.
granted to You. The Software is licensed for Your internal use only. The Software is licensed for Your internal use only. You may not (1) reverse
You may not (1) reverse engineer, decompile, or disassemble the engineer, decompile, or disassemble the Software except and only to the extent
Software except and only to the extent it is expressly permitted by it is expressly permitted by applicable law; (2) modify, alter, rent, timeshare
applicable law; (2) modify, alter, rent, timeshare host or lease the host or lease the Software or sublicense any of Your rights under this
Software or sublicense any of Your rights under this Agreement; or Agreement; or (3) transfer the Software or Your license rights under this
(3) transfer the Software or Your license rights under this
Agreement, in whole or in part, without written permission by Novell. Agreement, in whole or in part, without written permission by Novell.
Suite Licenses. If Your license to use the Software is for a suite Suite Licenses. If Your license to use the Software is for a suite of
of products, then for each license only one user may use the products products, then for each license only one user may use the products in the
in the suite. The suite license does not allow use of individual suite. The suite license does not allow use of individual products in the
products in the suite by multiple users if licensed on a user basis suite by multiple users if licensed on a user basis or multiple devices if
or multiple devices if licensed on a device or server basis. licensed on a device or server basis.
Upgrade Protection. If You purchased upgrade protection or Upgrade Protection. If You purchased upgrade protection or maintenance under a
maintenance under a Novell program for this Software, the upgrade Novell program for this Software, the upgrade protection or maintenance only
protection or maintenance only entitles You to upgrades of the entitles You to upgrades of the Software as a whole and does not entitle You to
Software as a whole and does not entitle You to upgrades of any upgrades of any component programs or products bundled with the Software or 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
individual products included in a suite if the Software is licensed of products. You may separately purchase upgrade protection for individual
as a suite of products. You may separately purchase upgrade components of the Software if permitted by the applicable Novell policies and
protection for individual components of the Software if permitted by programs.
the applicable Novell policies and programs.
Upgrade Software. This section applies to You if You have purchased Upgrade Software. This section applies to You if You have purchased the
the Software based upon upgrade pricing. “Original Product” means Software based upon upgrade pricing. “Original Product” means the product
the product from which You are upgrading. You are authorized to use from which You are upgrading. You are authorized to use the Software only if
the Software only if You are the authorized user of the Original You are the authorized user of the Original Product and You meet the following
Product and You meet the following conditions: (1) You have acquired conditions: (1) You have acquired the right to use the Software solely to
the right to use the Software solely to replace the Original Product replace the Original Product that You acquired legally and that is qualified to
that You acquired legally and that is qualified to be upgraded with be upgraded with the Software under the Novell policies existing at the time
the Software under the Novell policies existing at the time You You acquired the Software; (2) You installed and used the Original Product in
acquired the Software; (2) You installed and used the Original accordance with the terms and conditions of the applicable license agreement;
Product in accordance with the terms and conditions of the applicable and (3) You will not sell or otherwise transfer possession of the Original
license agreement; and (3) You will not sell or otherwise transfer Product.
possession of the Original Product.
Support. Novell has no obligation to provide support unless You Support. Novell has no obligation to provide support unless You purchase an
purchase an offering that expressly includes support services. If offering that expressly includes support services. If You make such a purchase
You make such a purchase and no separate agreement specifically and no separate agreement specifically applies to the support services, then
applies to the support services, then the terms of this Agreement the terms of this Agreement will govern the provision of such support services
will govern the provision of such support services (“Services”). (“Services”). For more information on Novell's current support offerings,
For more information on Novell's current support offerings, see see http://www.novell.com/support.
http://www.novell.com/support.
OWNERSHIP OWNERSHIP
No title to or ownership of the Software is transferred to You. No title to or ownership of the Software is transferred to You. Novell and/or
Novell and/or its licensors retain all right, title and interest in its licensors retain all right, title and interest in and to all intellectual
and to all intellectual property rights in the Software and Services, property rights in the Software and Services, including any adaptations or
including any adaptations or copies thereof. You acquire only a copies thereof. You acquire only a conditional license to use the Software.
conditional license to use the Software.
LIMITED WARRANTY LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that For ninety (90) days from Your date of purchase, Novell warrants that (1) any
(1) any media on which the Software is delivered is free from media on which the Software is delivered is free from physical defects; and (2)
physical defects; and (2) the Software will substantially conform to the Software will substantially conform to the documentation accompanying the
the documentation accompanying the Software. If the defective items Software. If the defective items are returned to Novell or if You report the
are returned to Novell or if You report the nonconformity to Novell nonconformity to Novell within ninety (90) days from the date of purchase,
within ninety (90) days from the date of purchase, Novell will at its Novell will at its sole discretion either resolve the nonconformity or refund
sole discretion either resolve the nonconformity or refund the the license fees You paid for the Software. Any unauthorized use or
license fees You paid for the Software. Any unauthorized use or modification to the Software voids this warranty. THE FOREGOING WARRANTY IS
modification to the Software voids this warranty. THE FOREGOING YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OR IMPLIED. (The foregoing warranty does not apply to Software provided free
OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY
not apply to Software provided free of charge. SUCH SOFTWARE IS KIND.)
PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)
Services. Novell warrants that any Services purchased will be Services. Novell warrants that any Services purchased will be supplied in a
supplied in a professional manner in accordance with generally professional manner in accordance with generally accepted industry standards.
accepted industry standards. This warranty will be effective for This warranty will be effective for ninety (90) days following delivery of the
ninety (90) days following delivery of the Services. Upon any breach Services. Upon any breach of this warranty, Novell’s only obligation is to
of this warranty, Novell’s only obligation is to either correct the either correct the Services so that they comply with this warranty or at its
Services so that they comply with this warranty or at its option option refund the amount You paid to Novell for the portion of the Services
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
that fail to comply with this warranty. As files may be altered or the course of Novell providing technical services, You agree to take
damaged in the course of Novell providing technical services, You appropriate measures to isolate and back up Your systems.
agree to take appropriate measures to isolate and back up Your
systems.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
Call Novell or Your reseller for information about compatibility. reseller for information about compatibility.
Non-Novell Products. The Software may include or be bundled with Non-Novell Products. The Software may include or be bundled with hardware or
hardware or other software programs or services licensed or sold by other software programs or services licensed or sold by an entity other than
an entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH
PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF
AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-NOVELL PRODUCTS ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE
IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE WITH THE APPLICABLE LICENSOR WARRANTY.
LICENSOR WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY,
NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, REPRESENTATION OR REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY.
PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and
BE UNINTERRUPTED. Some jurisdictions do not allow certain limitations of warranties, so portions of the above limitations may not apply
disclaimers and limitations of warranties, so portions of the above to You. This limited warranty gives You specific rights and You may also have
limitations may not apply to You. This limited warranty gives You other rights which vary by state or jurisdiction.
specific rights and You may also have other rights which vary by
state or jurisdiction.
LIMITATION OF LIABILITY LIMITATION OF LIABILITY
Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT
SOFTWARE OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. POSSIBILITY OF THOSE DAMAGES.
Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR
SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE
YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply
limitations will not apply to claims relating to death or personal to claims relating to death or personal injury. In those jurisdictions that do
injury. In those jurisdictions that do not allow the exclusion or not allow the exclusion or limitation of damages, Novell's liability shall be
limitation of damages, Novell's liability shall be limited or limited or excluded to the maximum extent allowed within those jurisdictions.
excluded to the maximum extent allowed within those jurisdictions.
GENERAL TERMS GENERAL TERMS
Term. This Agreement becomes effective on the date You legally Term. This Agreement becomes effective on the date You legally acquire the
acquire the Software and will automatically terminate if You breach Software and will automatically terminate if You breach any of its terms. If
any of its terms. If the Software is provided to You on a the Software is provided to You on a subscription basis, then Your right to
subscription basis, then Your right to possess or use the Software possess or use the Software will terminate at the end of the applicable
will terminate at the end of the applicable subscription period. subscription period. Upon termination of this Agreement or any applicable
Upon termination of this Agreement or any applicable subscription subscription period, You must destroy the original and all copies of the
period, You must destroy the original and all copies of the Software Software or return them to Novell and delete the Software from Your systems.
or return them to Novell and delete the Software from Your systems. Benchmark Testing. This benchmark testing restriction applies to You if You
Benchmark Testing. This benchmark testing restriction applies to You are a software developer or licensor or if You are performing testing on the
if You are a software developer or licensor or if You are performing Software at the direction of or on behalf of a software developer or licensor.
testing on the Software at the direction of or on behalf of a You may not, without Novell's prior written consent not to be unreasonably
software developer or licensor. You may not, without Novell's prior withheld, publish or disclose to any third party the results of any benchmark
written consent not to be unreasonably withheld, publish or disclose test of the Software. If You are a licensor of products that are functionally
to any third party the results of any benchmark test of the Software. similar to or compete with the Software (“Similar Products”), or are acting
If You are a licensor of products that are functionally similar to on behalf of such a licensor, and You publish or disclose benchmark information
or compete with the Software (“Similar Products”), or are acting on on the Software in violation of this restriction, then notwithstanding anything
behalf of such a licensor, and You publish or disclose benchmark to the contrary in the Similar Product's end user license agreement, and in
information on the Software in violation of this restriction, then addition to any other remedies Novell may have, Novell shall have the right to
notwithstanding anything to the contrary in the Similar Product's end perform benchmark testing on Similar Products and to disclose and publish that
user license agreement, and in addition to any other remedies Novell benchmark information and You hereby represent that You have authority to grant
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. such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or Open Source. Nothing in this Agreement shall restrict, limit or otherwise
otherwise affect any rights or obligations You may have, or affect any rights or obligations You may have, or conditions to which You may
conditions to which You may be subject, under any applicable open be subject, under any applicable open source licenses to any open source code
source licenses to any open source code contained in the Software. contained in the Software.
Transfer. This Agreement may not be transferred or assigned without Transfer. This Agreement may not be transferred or assigned without the prior
the prior written approval of Novell. written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the Law and Jurisdiction. This Agreement is governed by the laws of the State of
State of Utah, U.S. Any action at law relating to this Agreement may Utah, U.S. Any action at law relating to this Agreement may only be brought
only be brought before the courts of competent jurisdiction of the before the courts of competent jurisdiction of the State of Utah. If, however,
State of Utah. If, however, Your country of principal residence is a Your country of principal residence is a member state of the European Union or
member state of the European Union or the European Free Trade the European Free Trade Association, this Agreement is governed by the laws of
Association, this Agreement is governed by the laws of that country, that country, and any action at law may only be brought before a court of
and any action at law may only be brought before a court of competent competent jurisdiction of that country.
jurisdiction of that country. Entire Agreement. This Agreement sets forth the entire understanding and
Entire Agreement. This Agreement sets forth the entire understanding agreement between You and Novell and may be amended or modified only by a
and agreement between You and Novell and may be amended or modified written agreement agreed to by You and an authorized representative of Novell.
only by a written agreement agreed to by You and an authorized NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE
representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER, IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE
RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS Waiver. No waiver of any right under this Agreement will be effective unless
DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. in writing, signed by a duly authorized representative of the party to be
Waiver. No waiver of any right under this Agreement will be bound. No waiver of any past or present right arising from any breach or
effective unless in writing, signed by a duly authorized failure to perform will be deemed to be a waiver of any future right arising
representative of the party to be bound. No waiver of any past or under this Agreement.
present right arising from any breach or failure to perform will be Severability. If any provision in this Agreement is invalid or unenforceable,
deemed to be a waiver of any future right arising under this that provision will be construed, limited, modified or, if necessary, severed,
Agreement. to the extent necessary, to eliminate its invalidity or unenforceability, and
Severability. If any provision in this Agreement is invalid or the other provisions of this Agreement will remain unaffected.
unenforceable, that provision will be construed, limited, modified Export Compliance. Any products or technical information provided under this
or, if necessary, severed, to the extent necessary, to eliminate its Agreement may be subject to U.S. export controls and the trade laws of other
invalidity or unenforceability, and the other provisions of this countries. The parties agree to comply with all export control regulations and
Agreement will remain unaffected. to obtain any required licenses or classification to export, re-export or
Export Compliance. Any products or technical information provided import deliverables. The parties agree not to export or re-export to entities
under this Agreement may be subject to U.S. export controls and the on the current U.S. export exclusion lists or to any embargoed or terrorist
trade laws of other countries. The parties agree to comply with all countries as specified in the U.S. export laws. The parties will not use
export control regulations and to obtain any required licenses or deliverables for prohibited nuclear, missile, or chemical biological weaponry
classification to export, re-export or import deliverables. The end uses. Please consult the Bureau of Industry and Security web page
parties agree not to export or re-export to entities on the current www.bis.doc.gov before exporting Novell products from the U.S. Please refer to
U.S. export exclusion lists or to any embargoed or terrorist http://www.novell.com/company/legal/ for more information on exporting Novell
countries as specified in the U.S. export laws. The parties will not software. Upon request, Novell will provide You specific information regarding
use deliverables for prohibited nuclear, missile, or chemical applicable restrictions. However, Novell assumes no responsibility for Your
biological weaponry end uses. Please consult the Bureau of Industry failure to obtain any necessary export approvals.
and Security web page www.bis.doc.gov before exporting Novell U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S.
products from the U.S. Please refer to Government is subject to the restrictions in FAR 52.227-14 (June 1987)
http://www.novell.com/company/legal/ for more information on Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)
exporting Novell software. Upon request, Novell will provide You (3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is
specific information regarding applicable restrictions. However, Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
Novell assumes no responsibility for Your failure to obtain any Other. The application of the United Nations Convention of Contracts for the
necessary export approvals. International Sale of Goods is expressly excluded.
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. © 1993, 2000-2010 Novell, Inc. All Rights Reserved.
(111510) (111510)
Novell and GroupWise are registered trademarks and Novell Vibe is a Novell and GroupWise are registered trademarks and Novell Vibe is a trademark
trademark of Novell, Inc. in the United States and other countries. of Novell, Inc. in the United States and other countries.

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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 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 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 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. BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement ("Agreement") is a legal agreement This Novell Software License Agreement ("Agreement") is a legal agreement
between You (an entity or a person) and Novell, Inc. ("Novell"). However, between You (an entity or a person) and Novell, Inc. ("Novell"). However, if
if You obtained the Software in Europe, the Middle-East or Africa, any You obtained the Software in Europe, the Middle-East or Africa, any license
license under this Agreement is granted to You by, or on behalf of, Novell under this Agreement is granted to You by, or on behalf of, Novell Ireland
Ireland Software Limited. The software product identified in the title of Software Limited. The software product identified in the title of this
this Agreement, media (if any) and accompanying documentation (collectively Agreement, media (if any) and accompanying documentation (collectively the
the "Software") is protected by the copyright laws and treaties of the "Software") is protected by the copyright laws and treaties of the United
United States ("U.S.") and other countries and is subject to the terms States ("U.S.") and other countries and is subject to the terms of this
of this Agreement. If You do not agree with the terms of this Agreement, Agreement. If You do not agree with the terms of this Agreement, do not
do not download, install or otherwise use the Software and, if applicable, download, install or otherwise use the Software and, if applicable, return the
return the entire unused package to the reseller with Your receipt for a entire unused package to the reseller with Your receipt for a refund. The
refund. The Software is licensed to You, not sold. Software is licensed to You, not sold.
The Software may include or be bundled with other software programs licensed 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 under different terms and/or licensed by a vendor other than Novell. Use of any
of any software programs accompanied by a separate license agreement is software programs accompanied by a separate license agreement is governed by
governed by that separate license agreement. Any third party software that separate license agreement. Any third party software that may be provided
that may be provided with the Software is included for use at Your option. with the Software is included for use at Your option. Novell is not
Novell is not responsible for any third party's software and shall have no responsible for any third party's software and shall have no liability for Your
liability for Your use of third party software. use of third party software.
LICENSED USE LICENSED USE
Commercial Software. Commercial Software.
"Bundled Offering" is an offering, legally distributed by a third party, "Bundled Offering" is an offering, legally distributed by a third party,
comprised of the Software distributed in combination or association with a comprised of the Software distributed in combination or association with a
product of that third party (referred to hereafter as the "Bundled Product"). product of that third party (referred to hereafter as the "Bundled Product").
"Server Software" means the components of the Software that operate on a "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 central processing unit (CPU), or group of CPUs, and that provide access to
shared resources. shared resources.
"Client Software" means the components of the Software that permit access "Client Software" means the components of the Software that permit access to
to Server Software from another device. Server Software from another device.
"User" means a user object in a single directory tree (or other class of "User" means a user object in a single directory tree (or other class of object
object that contains data representing a person, such as objects containing that contains data representing a person, such as objects containing credit
credit card information or PIN numbers) that has (a) access or use rights card information or PIN numbers) that has (a) access or use rights to any
to any portion of the Software, or (b) access or use rights to products portion of the Software, or (b) access or use rights to products (devices,
(devices, hardware, or software) being managed by the Software, regardless hardware, or software) being managed by the Software, regardless of whether the
of whether the user object is assigned to a person or device. User objects user object is assigned to a person or device. User objects (or other classes
(or other classes of objects) representing the same person that are linked of objects) representing the same person that are linked to each other within a
to each other within a single tree and/or linked across multiple trees count single tree and/or linked across multiple trees count as only one User.
as only one User.
Licenses. Licenses.
One of the following licenses applies depending on which software You One of the following licenses applies depending on which software You acquired.
acquired. Client Software may be used only to access Server Software or other Client Software may be used only to access Server Software or other Novell
Novell software. Use of any software programs accompanied by a separate software. Use of any software programs accompanied by a separate license
license agreement shall be governed by that separate license agreement. agreement shall be governed by that separate license agreement.
Novell eDirectory License (Bundled Offering with non-Novell products). This Novell eDirectory License (Bundled Offering with non-Novell products). This
license grant applies to You if the Software is Novell eDirectory and You 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 acquired the Software as part of a Bundled Offering. Subject to the terms and
and conditions of this Agreement, Novell grants to You a non-exclusive, conditions of this Agreement, Novell grants to You a non-exclusive,
non-transferable right to internally make, distribute, and use within Your non-transferable right to internally make, distribute, and use within Your
company an unlimited number of copies of the Software, provided that the 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. 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 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 object uniquely assigned to that person and access the Software through the
user object. These licenses are not upgradeable. Regardless of how many user object. These licenses are not upgradeable. Regardless of how many
copies of Novell eDirectory You receive as part of this Bundled Offering or copies of Novell eDirectory You receive as part of this Bundled Offering or
other Bundled Offerings, Your use of Novell eDirectory licenses granted as other Bundled Offerings, Your use of Novell eDirectory licenses granted as part
part of a Bundled Offering with non-Novell products is limited to 250,000 of a Bundled Offering with non-Novell products is limited to 250,000 licenses
licenses per company. You must acquire a Novell eDirectory license (other per company. You must acquire a Novell eDirectory license (other than as part
than as part of a Bundled Offering) for each User in excess of 250,000 Users. 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 Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r) iManager,
applies to You if the Software is Novell eDirectory and You did not acquire the Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure
Software as part of a Bundled Offering. Subject to the terms and conditions of (NICI). You are authorized to install and use the Software identified in this
this Agreement, Novell grants to You a non-exclusive, non-transferable right paragraph internally within Your organization or entity in connection with Your
to internally make, distribute, and use within Your organization an unlimited lawful use of eDirectory.
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(r) Modular Authentication Services (NMAS(tm)). The quantity of user
Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure licenses for the NMAS Software included with Your purchase of the Novell
(NICI). You are authorized to install and use the Software identified in eDirectory Software is equal to the number of user licenses You have acquired
this paragraph internally within Your organization or entity in connection for the Novell eDirectory Software. You must have a user license for each User
with Your lawful use of eDirectory. 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 Evaluation Software. If the Software is an evaluation version or is provided to
licenses for the NMAS Software included with Your purchase of the Novell You for evaluation purposes, then Your license to use the Software is limited
eDirectory Software is equal to the number of user licenses You have acquired solely to internal evaluation purposes in accordance with the terms of the
for the Novell eDirectory Software. You must have a user license for each evaluation offering under which You received the Software and expires 90 days
User of the NMAS Software. Each person who accesses or uses the Software must from installation (or such other period as indicated by the Software) and the
have at least one user object uniquely assigned to that person and access Software may cease to function. Unless otherwise authorized by Novell, Your
the Software through the user object. The foregoing NMAS licenses are also license to install and use the Software is limited to the greater of (1) one
subject to the license agreement accompanying the NMAS Software, if any. 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
Evaluation Software. If the Software is an evaluation version or is provided discontinue use of the Software and delete the Software entirely from Your
to You for evaluation purposes, then Your license to use the Software is system. The Software may contain an automatic disabling mechanism that prevents
limited solely to internal evaluation purposes in accordance with the terms its use after a certain period of time, so You should back up Your system and
of the evaluation offering under which You received the Software and expires take other measures to prevent any loss of files or data. Use of the Software
90 days from installation (or such other period as indicated by the Software) is entirely at Your own risk.
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 RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly granted License Restrictions. Novell reserves all rights not expressly granted to You.
to You. You may not: (1) increase, by any means whatsoever, the number of You may not: (1) increase, by any means whatsoever, the number of connections
connections supported by the Software and licensed to You or support more than supported by the Software and licensed to You or support more than one
one connection or user through a single connection; (2) reverse engineer, connection or user through a single connection; (2) reverse engineer,
decompile, or disassemble the Software except and only to the extent it is decompile, or disassemble the Software except and only to the extent it is
expressly permitted by applicable law; (3) modify, alter, rent, timeshare or expressly permitted by applicable law; (3) modify, alter, rent, timeshare or
lease the Software or sublicense any of Your rights under this Agreement; lease the Software or sublicense any of Your rights under this Agreement; or
or (4) transfer the Software or Your license rights under this Agreement, (4) transfer the Software or Your license rights under this Agreement, in whole
in whole or in part. or in part.
Suite Licenses. If Your license to use the Software is for a suite of 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 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 otherwise indicated by the Software). The suite license does not allow use of
of individual products in the suite by multiple users. individual products in the suite by multiple users.
Upgrade License. This section applies to You if the Software is an upgrade 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 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 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 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 and You meet the following conditions: (1) You have acquired the right to use
use the Software solely to replace the Original Product that You acquired the Software solely to replace the Original Product that You acquired legally
legally and that qualified to be upgraded with the Software under the Novell and that qualified to be upgraded with the Software under the Novell policies
policies existing at the time You acquired the Software; (2) You installed existing at the time You acquired the Software; (2) You installed and used the
and used the Original Product in accordance with the terms and conditions of Original Product in accordance with the terms and conditions of the applicable
the applicable license agreement; (3) At the time You acquired the Original license agreement; (3) At the time You acquired the Original Product, You
Product, You acquired a complete and authentic copy of the Original Product, acquired a complete and authentic copy of the Original Product, including all
including all disks and manuals, and not simply a master or license disk; disks and manuals, and not simply a master or license disk; (4) You have not
(4) You have not acquired the Original Product as scrap or through a second acquired the Original Product as scrap or through a second hand purchase from a
hand purchase from a dealer, distributor or another end user; (5) You will dealer, distributor or another end user; (5) You will permanently discontinue
permanently discontinue use of the Original Product within sixty (60) days use of the Original Product within sixty (60) days of installation of the
of installation of the Software; and (6) You will not sell or otherwise Software; and (6) You will not sell or otherwise transfer possession of the
transfer possession of the Original Product. Original Product.
Additive License. This section applies to You if You are acquiring the Software 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 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 to below as the "Base Product"). You are authorized to use the Software only if
if You are the sole and original, authorized user of the Base Product and You are the sole and original, authorized user of the Base Product and You meet
You meet the following conditions: (1) You have acquired the right to use the following conditions: (1) You have acquired the right to use this Software
this Software solely to add additional users or servers to the Base Product solely to add additional users or servers to the Base Product that You acquired
that You acquired legally; (2) At the time You acquired the Base Product, legally; (2) At the time You acquired the Base Product, You acquired a complete
You acquired a complete and authentic copy of the Base Product, including and authentic copy of the Base Product, including all disks and manuals, and
all disks and manuals, and not simply a master or license disk; and (3) not simply a master or license disk; and (3) You have not acquired the Base
You have not acquired the Base Product as scrap or through a second hand Product as scrap or through a second hand purchase from a dealer, distributor
purchase from a dealer, distributor or another end user. or another end user.
Support. Novell has no obligation to provide support for the Support. Novell has no obligation to provide support for the Software. For more
Software. For more information on Novell's current support offerings, information on Novell's current support offerings, see
see http://support.novell.com. http://support.novell.com.
OWNERSHIP RIGHTS OWNERSHIP RIGHTS
No title to or ownership of the Software is transferred to You. Novell and/or 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 its licensors owns and retains all title and ownership of all intellectual
property rights in the Software, including any adaptations or copies. You property rights in the Software, including any adaptations or copies. You
acquire only a license to use the Software. acquire only a license to use the Software.
LIMITED WARRANTY LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that (1) any 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) media on which the Software is delivered is free from physical defects; and (2)
the Software will substantially conform to the documentation accompanying the the Software will substantially conform to the documentation accompanying the
Software. If the defective items are returned to Novell or if You report 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, nonconformity to Novell within ninety (90) days from the date of purchase,
Novell will at its sole discretion either resolve the nonconformity or Novell will at its sole discretion either resolve the nonconformity or refund
refund the license fees You paid for the Software. Any misuse or unauthorized the license fees You paid for the Software. Any misuse or unauthorized
modification of the Software voids this warranty. THE FOREGOING WARRANTY IS 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 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 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.) 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 THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT dealer for information about compatibility.
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 Non-Novell Products. The Software may include or be bundled with hardware or
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call other software programs licensed or sold by a vendor other than Novell. NOVELL
Novell or Your dealer for information about compatibility. 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 EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
other software programs licensed or sold by a vendor other than Novell. NOVELL ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE,
DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO
"AS IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED
THE PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY. WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY jurisdictions do not allow certain disclaimers and limitations of warranties,
AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, so portions of the above limitations may not apply to You. This limited
TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES warranty gives You specific rights and You may also have other rights which
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. vary from state to state.
LIMITATION OF LIABILITY LIMITATION OF LIABILITY
(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, (a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT
WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE 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 POSSIBILITY OF THOSE DAMAGES.
AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE (b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF
SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF
to claims relating to death or personal injury. In those jurisdictions that do CHARGE]. The above exclusions and limitations will not apply to claims
not allow the exclusion or limitation of damages, Novell's liability shall be relating to death or personal injury. In those jurisdictions that do not allow
limited or excluded to the maximum extent allowed within those jurisdictions. the exclusion or limitation of damages, Novell's liability shall be limited or
excluded to the maximum extent allowed within those jurisdictions.
GENERAL TERMS GENERAL TERMS
Term. This Agreement becomes effective on the date You legally acquire Term. This Agreement becomes effective on the date You legally acquire the
the Software and will automatically terminate if You breach any of its Software and will automatically terminate if You breach any of its terms. Upon
terms. Upon termination of this Agreement, You must destroy the original and termination of this Agreement, You must destroy the original and all copies of
all copies of the Software or return them to Novell and delete the Software the Software or return them to Novell and delete the Software from Your
from Your systems. Benchmark Testing. You may not, without Novell's systems.
prior written consent, publish or disclose to any third party the results Benchmark Testing. You may not, without Novell's prior written consent,
of any benchmark test of the Software. If a vendor (or a party acting at publish or disclose to any third party the results of any benchmark test of the
the vendor's instruction) publishes or discloses benchmark information on Software. If a vendor (or a party acting at the vendor's instruction)
the Software in violation of this restriction, then such vendor authorizes publishes or discloses benchmark information on the Software in violation of
Novell to publish benchmark information on that vendor's products, in addition this restriction, then such vendor authorizes Novell to publish benchmark
to any other remedies Novell may have. Transfer. This Agreement may not information on that vendor's products, in addition to any other remedies Novell
be transferred or assigned without the prior written approval of Novell. may have.
Law and Jurisdiction. This Agreement is governed by the laws of the State of Transfer. This Agreement may not be transferred or assigned without the prior
Utah, U.S. Any action at law relating to this Agreement may only be brought written approval of Novell.
before the courts of competent jurisdiction of the State of Utah. If, however, Law and Jurisdiction. This Agreement is governed by the laws of the State of
Your country of principal residence is a member state of the European Union Utah, U.S. Any action at law relating to this Agreement may only be brought
or the European Free Trade Association, this Agreement is governed by the before the courts of competent jurisdiction of the State of Utah. If, however,
laws of that country, and any action at law may only be brought before a Your country of principal residence is a member state of the European Union or
court of competent jurisdiction of that country. Entire Agreement. This the European Free Trade Association, this Agreement is governed by the laws of
Agreement and the Upgrade/Additive Agreement (if applicable) sets forth the that country, and any action at law may only be brought before a court of
entire understanding and agreement between You and Novell and may be amended competent jurisdiction of that country.
only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if
RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS applicable) sets forth the entire understanding and agreement between You and
AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, Novell and may be amended only in a writing signed by both parties. NO VENDOR,
OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS
right under this Agreement will be effective unless in writing, signed by a AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE
duly authorized representative of the party to be bound. No waiver of any THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
past or present right arising from any breach or failure to perform will Waiver. No waiver of any right under this Agreement will be effective unless in
be deemed to be a waiver of any future right arising under this Agreement. writing, signed by a duly authorized representative of the party to be bound.
Severability. If any provision in this Agreement is invalid or unenforceable, No waiver of any past or present right arising from any breach or failure to
that provision will be construed, limited, modified or, if necessary, severed, perform will be deemed to be a waiver of any future right arising under this
to the extent necessary, to eliminate its invalidity or unenforceability, Agreement.
and the other provisions of this Agreement will remain unaffected. Severability. If any provision in this Agreement is invalid or unenforceable,
Export. You agree to comply with any international and national laws that that provision will be construed, limited, modified or, if necessary, severed,
apply to the Software and other Confidential Information, including the to the extent necessary, to eliminate its invalidity or unenforceability, and
United States of America Export Administration Regulations, as well as the other provisions of this Agreement will remain unaffected.
any end-user and country-destination restrictions issued by the U.S. and Export. You agree to comply with any international and national laws that apply
other governments. Please refer to Export Matrix for Novell Products for to the Software and other Confidential Information, including the United States
more information on exporting the Software. You can download a copy from of America Export Administration Regulations, as well as any end-user and
the following web site: http://www.novell.com/info/exports/matrix.html country-destination restrictions issued by the U.S. and other governments.
or You can obtain a copy from Your local Novell office. U.S. Government Please refer to Export Matrix for Novell Products for more information on
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is exporting the Software. You can download a copy from the following web site:
subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June http://www.novell.com/info/exports/matrix.html or You can obtain a copy from
1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)(3) (Nov 1995), Your local Novell office.
or applicable successor clauses. Contractor/ Manufacturer is Novell, Inc., U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S.
1800 South Novell Place, Provo, Utah 84606. Other. The application of the Government is subject to the restrictions in FAR 52.227-14 (June 1987)
United Nations Convention of Contracts for the International Sale of Goods Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013
is expressly excluded. (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. (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. Novell, Inc. in the United States and other countries.

5
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done