stable/licenses/NetIQ-GW-12

GroupWise® 2012 SP2
GroupWise WebAccess/Messenger (Limited License)  
GroupWise Coexistence Solution for Exchange

Novell® Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE 
USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT 
AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF 
APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT 
FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED 
EXCEPT AS AUTHORIZED BY NOVELL.

This Novell Software License Agreement (“Agreement”) is a legal agreement 
between You (an entity or a person) and Novell, Inc. (“Novell”). The software 
product identified in the title of this Agreement for which You have acquired 
licenses, any media and accompanying documentation (collectively the 
“Software”) is protected by the copyright laws and treaties of the United 
States (“U.S.”) and other countries and is subject to the terms of this 
Agreement. Any update or support release to the Software that You may download 
or receive that is not accompanied by a license agreement expressly superseding 
this Agreement is Software and governed by this Agreement. If the Software is 
an update or support release, then You must have validly licensed the version 
and quantity of the Software being updated or supported in order to install or 
use the update or support release. 

The Software may include or be bundled with other software programs licensed 
under different terms and/or licensed by a licensor other than Novell. Use of 
any software programs accompanied by a separate license agreement is governed 
by that separate license agreement. Any third party software that may be 
provided with the Software is included for use at Your option. 

LICENSED USE

Commercial Software.

The following licenses apply to Your use of the Software depending on which 
product licenses You have purchased and whether You are current on maintenance 
for Your licenses. 

“User" means a user object in a single directory tree (or other class of object 
that contains data representing a person, such as objects containing credit 
card information or PIN numbers) that has (a) access or use rights to any 
portion of the Software, or (b) access or use rights to products (devices, 
hardware, or software) being managed by the Software, regardless of whether the 
user object is assigned to a person or device. User objects (or other classes 
of objects) representing the same person that are linked to each other within a 
single tree and/or linked across multiple trees count as only one User. 

GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable 
user license for each User of the Software. Each person who accesses or uses 
the Software must have at least one user object uniquely assigned to that 
person and access the Software through the user object. The Software may only 
be used for Your own business operations. Provided that You comply with the 
above requirements, You are authorized to use an unlimited number of copies of 
the Software. 

GroupWise WebAccess/Messenger licenses are limited client use licenses and are 
restricted to a User with a mailbox that is used and marked as a limited client 
license mailbox. WebAccess and/or Messenger licenses cannot be used for a 
mailbox that has been accessed by the GroupWise client for Windows or Mac 
(grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book 
(addrbook.exe), or a third-party plug-in to the GroupWise client API.

GroupWise Coexistence Solution for Exchange. Coexistence is an optional 
technology provided with GroupWise that You must license separately on an 
annual subscription basis to enable utilization with supported versions of 
Exchange. You must acquire subscriptions for the total number of GroupWise 
Users or the total number of Exchange Users synchronized with Coexistence, 
whichever quantity is smaller. Use of Coexistence subscriptions is conditioned 
on being current on maintenance coverage for all of Your GroupWise licenses. 
Your Coexistence subscription and right to use the Coexistence technology 
terminates and You must uninstall from Your systems and discontinue use of 
Coexistence upon the earlier of (1) termination or expiration of maintenance 
coverage on Your GroupWise licenses, or (2) purchase of maintenance coverage 
for less than the total number of Your GroupWise licenses.  If You have 
licensed GroupWise under an academic or school licensing program, then the 
reference to maintenance coverage in this paragraph refers to Your subscription 
coverage.

eDirectory Software License. The quantity of licenses for the eDirectory 
software included with Your lawfully acquired licenses of the Novell GroupWise 
2012 Software is equal to the greater of (1) the quantity of licenses You have 
lawfully acquired for the Novell GroupWise 2012 Software, or (2) 250,000 Users 
per company/entity. The foregoing eDirectory licenses are not upgradeable and 
are otherwise subject to the license agreement accompanying the eDirectory 
software. The foregoing eDirectory licenses are not upgradeable and are 
otherwise subject to the license agreement accompanying the eDirectory software.

SLES® - Bundle Edition. Notwithstanding the license rights in the license 
agreement accompanying the copy of SUSE® Linux Enterprise Server product (SLES) 
You received with the Software, You agree to use SLES solely for the purpose of 
running the GroupWise 2012 Software and not as a general purpose operating 
system.

Third Party Components. Additional terms applicable to Your use of the Software 
are found in the appendix attached hereto.

Evaluation Software. If the Software is an evaluation version or is provided to 
You for evaluation purposes, then Your license to use the Software is limited 
solely to internal evaluation purposes and in accordance with the terms of the 
evaluation offering under which You received the Software and expires 90 days 
from installation (or such other period as may be indicated within the 
Software). Upon expiration of the evaluation period, You must discontinue use 
of the Software, return to an original state any actions performed by the 
Software, and delete the Software entirely from Your system. The Software may 
contain an automatic disabling mechanism that prevents its use after a certain 
period of time, so You should back up Your system and take other measures to 
prevent any loss of files or data. 

RESTRICTIONS

License Restrictions. Novell reserves all rights not expressly granted to You. 
The Software is licensed for Your internal use only. You may not (1) reverse 
engineer, decompile, or disassemble the Software except and only to the extent 
it is expressly permitted by applicable law; (2) modify, alter, rent, 
timeshare, host or lease the Software or sublicense any of Your rights under 
this Agreement; or (3) transfer the Software or Your license rights under this 
Agreement, in whole or in part, without written permission by Novell.

Suite Licenses. If Your license to use the Software is for a suite of products, 
then for each license only one user may use the products in the suite. The 
suite license does not allow use of individual products in the suite by 
multiple users if licensed on a user basis or multiple devices if licensed on a 
device or server basis.

Upgrade Protection. If You purchased upgrade protection or maintenance under a 
Novell program for this Software, the upgrade protection or maintenance only 
entitles You to upgrades of the Software as a whole and does not entitle You to 
upgrades of any component programs or products bundled with the Software or any 
individual products included in a suite if the Software is licensed as a suite 
of products. You may separately purchase upgrade protection for individual 
components of the Software if permitted by the applicable Novell policies and 
programs.

Upgrade Software. This section applies to You if You have purchased the 
Software based upon upgrade pricing. “Original Product” means the product from 
which You are upgrading. You are authorized to use the Software only if You are 
the authorized user of the Original Product and You meet the following 
conditions: (1) You have acquired the right to use the Software solely to 
replace the Original Product that You acquired legally and that is qualified to 
be upgraded with the Software under the Novell policies existing at the time 
You acquired the Software; (2) You installed and used the Original Product in 
accordance with the terms and conditions of the applicable license agreement; 
and (3) You will not sell or otherwise transfer possession of the Original 
Product.

Support. Novell has no obligation to provide support unless You purchase an 
offering that expressly includes support services. If You make such a purchase 
and no separate agreement specifically applies to the support services, then 
the terms of this Agreement will govern the provision of such support services 
(“Services”). For more information on Novell's current support offerings, see 
http://www.novell.com/support.

OWNERSHIP 

No title to or ownership of the Software is transferred to You. Novell and/or 
its licensors retain all right, title and interest in and to all intellectual 
property rights in the Software and Services, including any adaptations or 
copies thereof. You acquire only a conditional license to use the Software.

LIMITED WARRANTY

For ninety (90) days from Your date of purchase, Novell warrants that (1) any 
media on which the Software is delivered is free from physical defects; and (2) 
the Software will substantially conform to the documentation accompanying the 
Software. If the defective items are returned to Novell or if You report the 
nonconformity to Novell within ninety (90) days from the date of purchase, 
Novell will at its sole discretion either resolve the nonconformity or refund 
the license fees You paid for the Software. Any unauthorized use or 
modification to the Software voids this warranty. THE FOREGOING WARRANTY IS 
YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS 
OR IMPLIED. (The foregoing warranty does not apply to Software provided free of 
charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)

Services. Novell warrants that any Services purchased will be supplied in a 
professional manner in accordance with generally accepted industry standards. 
This warranty will be effective for ninety (90) days following delivery of the 
Services. Upon any breach of this warranty, Novell’s only obligation is to 
either correct the Services so that they comply with this warranty or at its 
option refund the amount You paid to Novell for the portion of the Services 
that fail to comply with this warranty. As files may be altered or damaged in 
the course of Novell providing technical services, You agree to take 
appropriate measures to isolate and back up Your systems.

THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION 
WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE 
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT 
NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, 
WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD 
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. 
THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your 
reseller for information about compatibility.

Non-Novell Products. The Software may include or be bundled with hardware or 
other software programs or services licensed or sold by an entity other than 
Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH 
PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY 
FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH 
THE APPLICABLE LICENSOR WARRANTY.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND 
ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR 
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, 
REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. 
NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR 
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE 
UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and 
limitations of warranties, so portions of the above limitations may not apply 
to You. This limited warranty gives You specific rights and You may also have 
other rights which vary by state or jurisdiction. 

LIMITATION OF LIABILITY

Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR 
EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 
CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE 
USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT 
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE 
POSSIBILITY OF THOSE DAMAGES.
Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT 
DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF 
INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR 
SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE 
SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply 
to claims relating to death or personal injury. In those jurisdictions that do 
not allow the exclusion or limitation of damages, Novell's liability shall be 
limited or excluded to the maximum extent allowed within those jurisdictions.

GENERAL TERMS

Term. This Agreement becomes effective on the date You legally acquire the 
Software and will automatically terminate if You breach any of its terms. If 
the Software is provided to You on a subscription basis, then Your right to 
possess or use the Software will terminate at the end of the applicable 
subscription period. Upon termination of this Agreement or any applicable 
subscription period, You must destroy the original and all copies of the 
Software or return them to Novell and delete the Software from Your systems.
Verification. Novell may, upon fifteen (15) days’ advance notice and at its 
expense, conduct an annual audit, during your normal business hours, of your 
use of the Software and Documentation to verify compliance with this Agreement. 
You agree to implement internal safeguards to prevent any unauthorized copying, 
distribution, installation, or use of, or access to, the Software. You further 
agree to keep records sufficient to certify your compliance with this 
Agreement, and, upon request of Novell, provide and certify metrics and/or 
reports based upon such records and accounting both numbers of copies (by 
product and version) and network architectures as they may reasonably relate to 
your licensing and deployment of the Software. You shall provide Novell or an 
authorized representative with access to records, hardware and employees in 
order to perform the audit. Upon Novell’s or its authorized representative’s 
presentation of their reasonable written commitment(s) to safeguard your 
confidential information, you shall fully cooperate with such audit and provide 
any necessary assistance and access to records and computers. If an audit 
reveals that you have or at any time have had unlicensed installation, use of, 
or access to the Software, You will promptly acquire sufficient licenses to 
cover any shortage. If a material license shortage of 5% or more is found, you 
must reimburse Novell for the costs incurred in the audit and acquire the 
necessary additional licenses within 30 days without the benefit of any 
otherwise applicable discount. 
Benchmark Testing. This benchmark testing restriction applies to You if You are 
a software developer or licensor or if You are performing testing on the 
Software at the direction of or on behalf of a software developer or licensor. 
You may not, without Novell's prior written consent not to be unreasonably 
withheld, publish or disclose to any third party the results of any benchmark 
test of the Software. If You are a licensor of products that are functionally 
similar to or compete with the Software (“Similar Products”), or are acting on 
behalf of such a licensor, and You publish or disclose benchmark information on 
the Software in violation of this restriction, then notwithstanding anything to 
the contrary in the Similar Product's end user license agreement, and in 
addition to any other remedies Novell may have, Novell shall have the right to 
perform benchmark testing on Similar Products and to disclose and publish that 
benchmark information and You hereby represent that You have authority to grant 
such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or otherwise 
affect any rights or obligations You may have, or conditions to which You may 
be subject, under any applicable open source licenses to any open source code 
contained in the Software. 
Transfer. This Agreement may not be transferred or assigned without the prior 
written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the State of 
Utah, U.S. Any action at law relating to this Agreement may only be brought 
before the courts of competent jurisdiction of the State of Utah. If, however, 
Your country of principal residence is a member state of the European Union or 
the European Free Trade Association, this Agreement is governed by the laws of 
that country, and any action at law may only be brought before a court of 
competent jurisdiction of that country.
Entire Agreement. This Agreement sets forth the entire understanding and 
agreement between You and Novell and may be amended or modified only by a 
written agreement agreed to by You and an authorized representative of Novell. 
NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE 
IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE 
THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. 
Waiver. No waiver of any right under this Agreement will be effective unless in 
writing, signed by a duly authorized representative of the party to be bound. 
No waiver of any past or present right arising from any breach or failure to 
perform will be deemed to be a waiver of any future right arising under this 
Agreement.
Severability. If any provision in this Agreement is invalid or unenforceable, 
that provision will be construed, limited, modified or, if necessary, severed, 
to the extent necessary, to eliminate its invalidity or unenforceability, and 
the other provisions of this Agreement will remain unaffected. 
Export Compliance. Any products or technical information provided under this 
Agreement may be subject to U.S. export controls and the trade laws of other 
countries. The parties agree to comply with all export control regulations and 
to obtain any required licenses or classification to export, re-export or 
import deliverables. The parties agree not to export or re-export to entities 
on the current U.S. export exclusion lists or to any embargoed or terrorist 
countries as specified in the U.S. export laws. The parties will not use 
deliverables for prohibited nuclear, missile, or chemical biological weaponry 
end uses. Please consult the Bureau of Industry and Security web page 
www.bis.doc.gov before exporting Novell products from the U.S. Please refer to 
http://www.novell.com/company/legal/ for more information on exporting Novell 
software. Upon request, Novell will provide You specific information regarding 
applicable restrictions. However, Novell assumes no responsibility for Your 
failure to obtain any necessary export approvals.
U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. 
Government is subject to the restrictions in FAR 52.227-14 (June 1987) 
Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) 
(3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is 
Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
Other. The application of the United Nations Convention of Contracts for the 
International Sale of Goods is expressly excluded.

© 1993, 2000-2013 Novell, Inc. All Rights Reserved.
(032113)

Novell and GroupWise are registered trademarks of Novell, Inc. in the United 
States and other countries. SLES and SUSE are registered trademarks of SUSE LLC 
in the United States and other countries. eDirectory is a trademark of NetIQ 
Corporation in the United States and other countries. All third party 
trademarks are the property of their respective owners.

****************************************
APPENDIX
THIRD PARTY COMPONENTS
(Oracle)
The Software contains viewer software licensed by Novell from Oracle America, 
Inc. (“Oracle”). For purposes of this addendum, the term “program” refers to 
the Oracle viewer software and related Oracle components. Oracle requires that 
You agree to the following terms regarding use of the program. 
Terms of Use
1) Your use the program is restricted to the scope of the Software and to Your 
internal business operations. You may permit Your agents, contractors, 
outsourcers and non-employee users to use the program on Your behalf for Your 
internal business operations, subject to the terms of the end user license 
agreement and provided that You are responsible for their use of the Software 
and compliance with the end user license agreement. Physical control and 
administrative control of the programs must remain with the legal entity that 
executed the end user license agreement.
2) You are prohibited from (a) transferring the program except for temporary 
transfer in the event of computer malfunction if the Software embeds the 
program in a physical device; (b) assigning, giving, or transferring the 
program or an interest in them to another individual or entity (and if You 
grant a security interest in the programs, the secured party has no right to 
use or transfer the programs).
3) Oracle or its licensor retains all ownership and intellectual property 
rights to the program.
4) You are prohibited from: (a) use of the program for rental, timesharing, 
subscription service, hosting, or outsourcing; (b) the removal or modification 
of any program markings or any notice of Oracle’s or its licensors’ proprietary 
rights; (c) making the programs available in any manner to any third party for 
use in the third party’s business operations (unless such access is expressly 
permitted for the specific program license); (d) reverse engineering (unless 
required by law for interoperability), disassembly or decompilation of the 
programs (the foregoing prohibition includes but is not limited to review of 
data structures or similar materials produced by programs); and (e) publication 
of any results of benchmark tests run on the programs.
5) You are required to comply fully with all relevant export laws and 
regulations of the United States and other applicable export and import laws to 
assure that neither the programs, nor any direct product thereof, are exported, 
directly or indirectly, in violation of applicable laws. The Software of the 
Uniform Computer Information Transactions Act is excluded.
6) You are hereby notified that the programs are subject to this restricted 
license and can only be used in conjunction with the Software. You are not 
permitted to modify the programs. At the termination of the end user license 
agreement, You will discontinue use and destroy all copies of the program and 
documentation.
7) You agree to permit Novell to audit Your use of the programs and report the 
audit results to Oracle or allow Oracle to perform the audit at Your cost. You 
agree to designate Oracle as a third party beneficiary of the agreement with 
respect to the programs. You may not require Oracle to perform any obligations 
or incur any liability not previously agreed to between Novell and Oracle. 
8) To the extent permitted by applicable law, Oracle disclaims liability for 
(a) any damages, whether direct, indirect, incidental, special, punitive or 
consequential, and (b) any loss of profits, revenue, data or data use, arising 
from the use of the programs. 
9) Some programs may include source code that Oracle may provide as part of its 
standard shipment of such programs, which source code shall be governed by the 
terms of the end user license agreement. Third party technology that may be 
appropriate or necessary for use with some Oracle programs is specified in the 
Software documentation or as otherwise notified. Such third party technology is 
licensed to You only for use with the program under the terms of the third 
party license agreement specified in the Software documentation or as otherwise 
notified and not under the terms of the end user license agreement.
(February 2013)