314 lines
17 KiB
Plaintext
314 lines
17 KiB
Plaintext
GroupWise(R) 8
|
|
Novell(R) Software License Agreement
|
|
|
|
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR
|
|
OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS
|
|
AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
|
|
INSTALL OR USE THE SOFTWARE 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, 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. 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. If the update or support release is
|
|
not accompanied by a license agreement, then this Agreement governs
|
|
Your use of 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.
|
|
|
|
"User" means a user object in a single directory tree (or other class
|
|
of object that contains data representing a person, such as objects
|
|
containing credit card information or PIN numbers) that has (a)
|
|
access or use rights to any portion of the Software, or (b) access or
|
|
use rights to products (devices, hardware, or software) being managed
|
|
by the Software, regardless of whether the user object is assigned to
|
|
a person or device. User objects (or other classes of objects)
|
|
representing the same person that are linked to each other within a
|
|
single tree and/or linked across multiple trees count as only one
|
|
User.
|
|
|
|
You must acquire a user license for each User. Each person who
|
|
accesses or uses the Software must have at least one user object
|
|
uniquely assigned to that person and access the Software through the
|
|
user object. Provided that You comply with the above requirements,
|
|
You are authorized to use an unlimited number of copies of the
|
|
Software.
|
|
|
|
Novell eDirectory(tm) Software License. The quantity of licenses for
|
|
the Novell eDirectory software included with Your lawfully acquired
|
|
licenses of the Novell GroupWise 8 Software is equal to the greater
|
|
of (1) the quantity of licenses You have lawfully acquired for the
|
|
Novell GroupWise 8 Software, or (2) 250,000 Users per company/entity.
|
|
The foregoing Novell eDirectory licenses are not upgradeable and are
|
|
otherwise subject to the license agreement accompanying the Novell
|
|
eDirectory software. The foregoing Novell eDirectory licenses are
|
|
not upgradeable and are otherwise subject to the license agreement
|
|
accompanying the Novell eDirectory software.
|
|
|
|
SLES(tm) - Bundle Edition. Notwithstanding the license rights in the
|
|
license agreement accompanying the copy of Novell SUSE(R) Linux
|
|
Enterprise Server product (SLES) You received with the Software, You
|
|
agree to use SLES solely for the purpose of running the GroupWise 8.0
|
|
Software.
|
|
|
|
Evaluation Software. If the Software is an evaluation version or is
|
|
provided to You for evaluation purposes, then Your license to use the
|
|
Software is limited solely to internal evaluation purposes 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.
|
|
Benchmark Testing. This benchmark testing restriction applies to You
|
|
if You are a software developer or licensor or if You are performing
|
|
testing on the Software at the direction of or on behalf of a
|
|
software developer or licensor. You may not, without Novell's prior
|
|
written consent not to be unreasonably withheld, publish or disclose
|
|
to any third party the results of any benchmark test of the Software.
|
|
If You are a licensor of products that are functionally similar to or
|
|
compete with the Software ("Similar Products"), or are acting on
|
|
behalf of such a licensor, and You publish or disclose benchmark
|
|
information on the Software in violation of this restriction, then
|
|
notwithstanding anything to the contrary in the Similar Product's end
|
|
user license agreement, and in addition to any other remedies Novell
|
|
may have, Novell shall have the right to perform benchmark testing on
|
|
Similar Products and to disclose and publish that benchmark
|
|
information and You hereby represent that You have authority to grant
|
|
such right to Novell.
|
|
Open Source. Nothing in this Agreement shall restrict, limit or
|
|
otherwise affect any rights or obligations You may have, or
|
|
conditions to which You may be subject, under any applicable open
|
|
source licenses to any open source code contained in the Software.
|
|
Transfer. This Agreement may not be transferred or assigned without
|
|
the prior written approval of Novell.
|
|
Law and Jurisdiction. This Agreement is governed by the laws of the
|
|
State of Utah, U.S. Any action at law relating to this Agreement may
|
|
only be brought before the courts of competent jurisdiction of the
|
|
State of Utah. If, however, Your country of principal residence is a
|
|
member state of the European Union or the European Free Trade
|
|
Association, this Agreement is governed by the laws of that country,
|
|
and any action at law may only be brought before a court of competent
|
|
jurisdiction of that country.
|
|
Entire Agreement. This Agreement sets forth the entire understanding
|
|
and agreement between You and Novell and may be amended or modified
|
|
only by a written agreement agreed to by You and an authorized
|
|
representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER,
|
|
RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY
|
|
THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS
|
|
DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
|
|
Waiver. No waiver of any right under this Agreement will be
|
|
effective unless in writing, signed by a duly authorized
|
|
representative of the party to be bound. No waiver of any past or
|
|
present right arising from any breach or failure to perform will be
|
|
deemed to be a waiver of any future right arising under this
|
|
Agreement.
|
|
Severability. If any provision in this Agreement is invalid or
|
|
unenforceable, that provision will be construed, limited, modified
|
|
or, if necessary, severed, to the extent necessary, to eliminate its
|
|
invalidity or unenforceability, and the other provisions of this
|
|
Agreement will remain unaffected.
|
|
Export Compliance. Any products or technical information provided
|
|
under this Agreement may be subject to U.S. export controls and the
|
|
trade laws of other countries. The parties agree to comply with all
|
|
export control regulations and to obtain any required licenses or
|
|
classification to export, re-export or import deliverables. The
|
|
parties agree not to export or re-export to entities on the current
|
|
U.S. export exclusion lists or to any embargoed or terrorist
|
|
countries as specified in the U.S. export laws. The parties will not
|
|
use deliverables for prohibited nuclear, missile, or chemical
|
|
biological weaponry end uses. Please consult the Bureau of Industry
|
|
and Security web page www.bis.doc.gov before exporting Novell
|
|
products from the U.S. Please refer to
|
|
http://www.novell.com/company/legal/ for more information on
|
|
exporting Novell software. Upon request, Novell will provide You
|
|
specific information regarding applicable restrictions. However,
|
|
Novell assumes no responsibility for Your failure to obtain any
|
|
necessary export approvals.
|
|
U.S. Government Restricted Rights. Use, duplication, or disclosure
|
|
by the U.S. Government is subject to the restrictions in FAR
|
|
52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June
|
|
(1987), or DFARS 252.227-7013 (b) (3) (Nov 1995), or applicable
|
|
successor clauses. Contractor/Manufacturer is Novell, Inc., 1800
|
|
South Novell Place, Provo, Utah 84606.
|
|
Other. The application of the United Nations Convention of Contracts
|
|
for the International Sale of Goods is expressly excluded.
|
|
|
|
(c) 1993, 2000-2009 Novell, Inc. All Rights Reserved.
|
|
(121509)
|
|
|
|
Novell, GroupWise and SUSE are registered trademarks and eDirectory
|
|
and SLES are trademarks of Novell, Inc. in the United States and
|
|
other countries.
|
|
|
|
|
|
|
|
|