325 lines
18 KiB
Plaintext
325 lines
18 KiB
Plaintext
Novell(r) eDirectory(tm) 8.7
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Novell Software License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE
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USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
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DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE
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SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
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DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
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This Novell Software License Agreement ("Agreement") is a legal
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agreement between You (an entity or a person) and Novell, Inc.
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("Novell"). However, if You obtained the Software in Europe, the
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Middle-East or Africa, any license under this Agreement is granted to
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You by, or on behalf of, Novell Ireland Software Limited. The
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software product identified in the title of this Agreement, media (if
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any) and accompanying documentation (collectively the "Software") is
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protected by the copyright laws and treaties of the United States
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("U.S.") and other countries and is subject to the terms of this
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Agreement. If You do not agree with the terms of this Agreement, do
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not download, install or otherwise use the Software and, if
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applicable, return the entire unused package to the reseller with
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Your receipt for a refund. The Software is licensed to You, not sold.
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The Software may include or be bundled with other software programs
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licensed under different terms and/or licensed by a vendor other than
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Novell. Use of any software programs accompanied by a separate
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license agreement is governed by that separate license agreement.
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Any third party software that may be provided with the Software is
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included for use at Your option. Novell is not responsible for any
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third party's software and shall have no liability for Your use of
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third party software.
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LICENSED USE
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Commercial Software.
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"Bundled Offering" is an offering, legally distributed by a third
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party, comprised of the Software distributed in combination or
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association with a product of that third party (referred to hereafter
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as the "Bundled Product").
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"Server Software" means the components of the Software that operate
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on a central processing unit (CPU), or group of CPUs, and that
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provide access to shared resources.
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"Client Software" means the components of the Software that permit
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access to Server Software from another device.
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"User" means a user object in a single directory tree (or other class
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of object that contains data representing a person, such as objects
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containing credit card information or PIN numbers) that has (a)
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access or use rights to any portion of the Software, or (b) access or
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use rights to products (devices, hardware, or software) being managed
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by the Software, regardless of whether the user object is assigned to
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a person or device. User objects (or other classes of objects)
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representing the same person that are linked to each other within a
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single tree and/or linked across multiple trees count as only one
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User.
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Licenses.
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One of the following licenses applies depending on which software You
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acquired. Client Software may be used only to access Server Software
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or other Novell software. Use of any software programs accompanied
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by a separate license agreement shall be governed by that separate
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license agreement.
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Novell eDirectory License (Bundled Offering with non-Novell
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products). This license grant applies to You if the Software is
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Novell eDirectory and You acquired the Software as part of a Bundled
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Offering. Subject to the terms and conditions of this Agreement,
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Novell grants to You a non-exclusive, non-transferable right to
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internally make, distribute, and use within Your company an unlimited
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number of copies of the Software, provided that the aggregate number
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of Users within Your company does not exceed 250,000 Users. Each
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person who accesses or uses the Software must have at least one user
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object uniquely assigned to that person and access the Software
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through the user object. These licenses are not upgradeable.
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Regardless of how many copies of Novell eDirectory You receive as
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part of this Bundled Offering or other Bundled Offerings, Your use of
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Novell eDirectory licenses granted as part of a Bundled Offering with
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non-Novell products is limited to 250,000 licenses per company. You
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must acquire a Novell eDirectory license (other than as part of a
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Bundled Offering) for each User in excess of 250,000 Users.
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Novell eDirectory License (Not As Bundled Offering). This license
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grant applies to You if the Software is Novell eDirectory and You did
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not acquire the Software as part of a Bundled Offering. Subject to
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the terms and conditions of this Agreement, Novell grants to You a
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non-exclusive, non-transferable right to internally make, distribute,
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and use within Your organization an unlimited number of copies of the
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Software, provided that the aggregate number of Users does not exceed
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the quantity of user licenses You have legally acquired. Each person
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who accesses or uses the Software must have at least one user object
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uniquely assigned to that person and access the Software through the
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user object.
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Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r)
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iManager, Novell Certificate Server, Novell(r) Internet Cryptographic
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Infrastructure (NICI). You are authorized to install and use the
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Software identified in this paragraph internally within Your
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organization or entity in connection with Your lawful use of
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eDirectory.
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Novell(r) Modular Authentication Services (NMAS(tm)). The quantity
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of user licenses for the NMAS Software included with Your purchase of
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the Novell eDirectory Software is equal to the number of user
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licenses You have acquired for the Novell eDirectory Software. You
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must have a user license for each User of the NMAS Software. Each
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person who accesses or uses the Software must have at least one user
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object uniquely assigned to that person and access the Software
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through the user object. The foregoing NMAS licenses are also
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subject to the license agreement accompanying the NMAS Software, if
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any.
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Evaluation Software. If the Software is an evaluation version or is
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provided to You for evaluation purposes, then Your license to use the
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Software is limited solely to internal evaluation purposes in
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accordance with the terms of the evaluation offering under which You
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received the Software and expires 90 days from installation (or such
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other period as indicated by the Software) and the Software may cease
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to function. Unless otherwise authorized by Novell, Your license to
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install and use the Software is limited to the greater of (1) one
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copy of the Software, or (2) the smallest stratification in which
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Novell sells licenses for the Software. Upon expiration of the
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evaluation period, You must discontinue use of the Software and
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delete the Software entirely from Your system. The Software may
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contain an automatic disabling mechanism that prevents its use after
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a certain period of time, so You should back up Your system and take
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other measures to prevent any loss of files or data. Use of the
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Software is entirely at Your own risk.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly
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granted to You. You may not: (1) increase, by any means whatsoever,
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the number of connections supported by the Software and licensed to
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You or support more than one connection or user through a single
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connection; (2) reverse engineer, decompile, or disassemble the
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Software except and only to the extent it is expressly permitted by
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applicable law; (3) modify, alter, rent, timeshare or lease the
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Software or sublicense any of Your rights under this Agreement; or
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(4) transfer the Software or Your license rights under this
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Agreement, in whole or in part.
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Suite Licenses. If Your license to use the Software is for a suite
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of products, then only one user may use all products in the suite
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(unless otherwise indicated by the Software). The suite license does
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not allow use of individual products in the suite by multiple users.
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Upgrade License. This section applies to You if the Software is an
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upgrade version or is provided to You as an upgrade. "Original
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Product" means the product from which You are upgrading. You are
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authorized to use the Software only if You are the sole and original,
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authorized user of the Original Product and You meet the following
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conditions: (1) You have acquired the right to use the Software
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solely to replace the Original Product that You acquired legally and
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that qualified to be upgraded with the Software under the Novell
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policies existing at the time You acquired the Software; (2) You
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installed and used the Original Product in accordance with the terms
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and conditions of the applicable license agreement; (3) At the time
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You acquired the Original Product, You acquired a complete and
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authentic copy of the Original Product, including all disks and
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manuals, and not simply a master or license disk; (4) You have not
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acquired the Original Product as scrap or through a second hand
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purchase from a dealer, distributor or another end user; (5) You will
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permanently discontinue use of the Original Product within sixty (60)
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days of installation of the Software; and (6) You will not sell or
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otherwise transfer possession of the Original Product.
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Additive License. This section applies to You if You are acquiring
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the Software to add additional users or servers to a previously
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acquired product (referred to below as the "Base Product"). You are
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authorized to use the Software only if You are the sole and original,
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authorized user of the Base Product and You meet the following
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conditions: (1) You have acquired the right to use this Software
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solely to add additional users or servers to the Base Product that
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You acquired legally; (2) At the time You acquired the Base Product,
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You acquired a complete and authentic copy of the Base Product,
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including all disks and manuals, and not simply a master or license
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disk; and (3) You have not acquired the Base Product as scrap or
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through a second hand purchase from a dealer, distributor or another
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end user.
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Support. Novell has no obligation to provide support for the
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Software. For more information on Novell's current support offerings,
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see http://support.novell.com.
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OWNERSHIP RIGHTS
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No title to or ownership of the Software is transferred to You.
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Novell and/or its licensors owns and retains all title and ownership
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of all intellectual property rights in the Software, including any
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adaptations or copies. You acquire only a license to use the Software.
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LIMITED WARRANTY
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For ninety (90) days from Your date of purchase, Novell warrants that
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(1) any media on which the Software is delivered is free from
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physical defects; and (2) the Software will substantially conform to
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the documentation accompanying the Software. If the defective items
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are returned to Novell or if You report the nonconformity to Novell
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within ninety (90) days from the date of purchase, Novell will at its
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sole discretion either resolve the nonconformity or refund the
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license fees You paid for the Software. Any misuse or unauthorized
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modification of the Software voids this warranty. THE FOREGOING
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WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL
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OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does
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not apply to Software provided free of charge. SUCH SOFTWARE IS
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PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.)
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THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
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DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
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REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
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FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS,
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DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH
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FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
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INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
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SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS.
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Call Novell or Your dealer for information about compatibility.
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Non-Novell Products. The Software may include or be bundled with
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hardware or other software programs licensed or sold by a vendor
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other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY
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SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
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FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT VENDOR IN
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ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES
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ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF
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MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
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PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT
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EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT
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THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE
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OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions
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do not allow certain disclaimers and limitations of warranties, so
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portions of the above limitations may not apply to You. This limited
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warranty gives You specific rights and You may also have other rights
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which vary from state to state.
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LIMITATION OF LIABILITY
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(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
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SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR
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PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
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SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR
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DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
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(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR
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DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
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SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
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SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
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THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
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will not apply to claims relating to death or personal injury. In
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those jurisdictions that do not allow the exclusion or limitation of
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damages, Novell's liability shall be limited or excluded to the
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maximum extent allowed within those jurisdictions.
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GENERAL TERMS
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Term. This Agreement becomes effective on the date You legally
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acquire the Software and will automatically terminate if You breach
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any of its terms. Upon termination of this Agreement, You must
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destroy the original and all copies of the Software or return them to
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Novell and delete the Software from Your systems.
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Benchmark Testing. You may not, without Novell's prior written
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consent, publish or disclose to any third party the results of any
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benchmark test of the Software. If a vendor (or a party acting at
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the vendor's instruction) publishes or discloses benchmark
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information on the Software in violation of this restriction, then
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such vendor authorizes Novell to publish benchmark information on
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that vendor's products, in addition to any other remedies Novell may
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have.
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Transfer. This Agreement may not be transferred or assigned without
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the prior written approval of Novell.
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Law and Jurisdiction. This Agreement is governed by the laws of the
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State of Utah, U.S. Any action at law relating to this Agreement may
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only be brought before the courts of competent jurisdiction of the
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State of Utah. If, however, Your country of principal residence is a
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member state of the European Union or the European Free Trade
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Association, this Agreement is governed by the laws of that country,
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and any action at law may only be brought before a court of competent
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jurisdiction of that country.
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Entire Agreement. This Agreement and the Upgrade/Additive Agreement
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(if applicable) sets forth the entire understanding and agreement
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between You and Novell and may be amended only in a writing signed by
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both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
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SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
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TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
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ADDITION TO, THE TERMS OF THIS AGREEMENT.
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Waiver. No waiver of any right under this Agreement will be effective
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unless in writing, signed by a duly authorized representative of the
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party to be bound. No waiver of any past or present right arising
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from any breach or failure to perform will be deemed to be a waiver
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of any future right arising under this Agreement.
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Severability. If any provision in this Agreement is invalid or
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unenforceable, that provision will be construed, limited, modified
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or, if necessary, severed, to the extent necessary, to eliminate its
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invalidity or unenforceability, and the other provisions of this
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Agreement will remain unaffected.
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Export. You agree to comply with any international and national laws
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that apply to the Software and other Confidential Information,
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including the United States of America Export Administration
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Regulations, as well as any end-user and country-destination
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restrictions issued by the U.S. and other governments. Please refer
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to Export Matrix for Novell Products for more information on
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exporting the Software. You can download a copy from the following
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web site: http://www.novell.com/info/exports/matrix.html or You can
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obtain a copy from Your local Novell office.
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U.S. Government Restricted Rights. Use, duplication, or disclosure by
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the U.S. Government is subject to the restrictions in FAR 52.227-14
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(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or
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DFARS 252.227-7013 (b)(3) (Nov 1995), or applicable successor
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clauses. Contractor/ Manufacturer is Novell, Inc., 1800 South Novell
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Place, Provo, Utah 84606.
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Other. The application of the United Nations Convention of Contracts
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for the International Sale of Goods is expressly excluded.
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(c)1993, 2000-2003 Novell, Inc. All Rights Reserved.
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Novell is a registered trademark and eDirectory and NMAS are
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trademarks of Novell, Inc. in the United States and other countries.
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