289 lines
16 KiB
Plaintext
289 lines
16 KiB
Plaintext
Novell Client(tm) for SUSE(r) Linux Enterprise Desktop 10
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Novell(r) Software License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR
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OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS
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AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
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INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD,
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TRANSFERRED, OR FURTHER 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"). The software product identified in the title of this
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Agreement, media (if any) and accompanying documentation
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(collectively the "Software") is protected by the copyright laws and
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treaties of the United States ("U.S.") and other countries and is
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subject to the terms of this Agreement. If You do not agree with the
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terms of this Agreement, do not download, install or otherwise use
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the Software and, if applicable, return the entire unused package to
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the reseller with Your receipt for a refund. The Software is
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licensed to You, not sold. If the Software is an update or support
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release, then You must have validly licensed the version and
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quantity of the Software being updated in order to install or use the
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update or support release.
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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 licensor other
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than 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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License Grant. Subject to the terms and conditions of this
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Agreement, Novell grants You a non-exclusive, non-transferable right
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to reproduce and internally use the Software. You may not
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redistribute the Software.
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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. Upon expiration of the evaluation period, You must
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discontinue use of the Software, return to an original state any
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actions performed by the Software, and delete the Software entirely
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from Your system. The Software may contain an automatic disabling
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mechanism that prevents its use after a certain period of time, so
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You should back up Your system and take other measures to prevent any
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loss of files or data. Use of the Software is entirely at Your own
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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 Protection. If You purchased upgrade protection or
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maintenance under a Novell program for this Software, the upgrade
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protection or maintenance only entitles You to upgrades of the
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Software as a whole and does not entitle You to upgrades of any
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component programs or products bundled with the Software or any
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individual suite products if the Software is licensed as a suite of
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products. You may separately purchase upgrade protection or
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maintenance for individual components of the Software if permitted by
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the applicable Novell policies.
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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 completed 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
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offerings, see http://www.novell.com/support.
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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
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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 misuses 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 licensor
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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 LICENSOR IN
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ACCORDANCE WITH THE APPLICABLE LICENSOR 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
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WARRANT 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 ANY CASE BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
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DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
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INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
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IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
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(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY
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FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR
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A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR
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THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU
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RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and
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limitations will not apply to claims relating to death or personal
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injury. In those jurisdictions that do not allow the exclusion or
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limitation of damages, Novell's liability shall be limited or
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excluded to the 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. If the Software is provided to You on a
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subscription basis, then Your right to possess or use the Software
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will terminate at the end of the applicable subscription period.
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Upon termination of this Agreement or any applicable subscription
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period, You must destroy the original and all copies of the Software
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or return them to Novell and delete the Software from Your systems.
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Benchmark Testing. This benchmark testing restriction applies to You
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if You are a software developer or licensor or if You are performing
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testing on the Software at the direction of or on behalf of a
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software developer or licensor. You may not, without Novell's prior
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written consent not to be unreasonably withheld, publish or disclose
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to any third party the results of any benchmark test of the Software.
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If You are a licensor of products that are functionally similar to or
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compete with the Software ("Similar Products"), or are acting on
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behalf of such a licensor, and You publish or disclose benchmark
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information on the Software in violation of this restriction, then
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notwithstanding anything to the contrary in the Similar Product's end
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user license agreement, and in addition to any other remedies Novell
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may have, Novell shall have the right to perform benchmark testing on
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Similar Products and to disclose and publish that benchmark
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information and You hereby represent that You have authority to grant
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such right to Novell.
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Open Source. Nothing in this Agreement shall restrict, limit or
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otherwise affect any rights or obligations You may have, or
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conditions to which You may be subject, under any applicable open
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source licenses to any open source code contained in the Software.
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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 sets forth the entire understanding
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and agreement between You and Novell and may be amended or modified
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only by a written agreement agreed to by You and an authorized
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representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER,
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RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY
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THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS
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DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
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Waiver. No waiver of any right under this Agreement will be
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effective unless in writing, signed by a duly authorized
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representative of the party to be bound. No waiver of any past or
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present right arising from any breach or failure to perform will be
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deemed to be a waiver of any future right arising under this
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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 Compliance. Any products or technical information provided
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under this Agreement may be subject to U.S. export controls and the
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trade laws of other countries. The parties agree to comply with all
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export control regulations and to obtain any required licenses or
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classification to export, re-export or import deliverables. The
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parties agree not to export or re-export to entities on the current
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U.S. export exclusion lists or to any embargoed or terrorist
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countries as specified in the U.S. export laws. The parties will not
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use deliverables for prohibited nuclear, missile, or chemical
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biological weaponry end uses. Please consult the Bureau of Industry
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and Security web page www.bis.doc.gov before exporting Novell
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products from the U.S. Please refer to
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http://www.novell.com/company/legal/ for more information on
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exporting Novell software. Upon request, Novell will provide You
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specific information regarding applicable restrictions. However,
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Novell assumes no responsibility for Your failure to obtain any
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necessary export approvals.
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U.S. Government Restricted Rights. Use, duplication, or disclosure
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by the U.S. Government is subject to the restrictions in FAR
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52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June
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(1987), or DFARS 252.227-7013 (b) (3) (Nov 1995), or applicable
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successor clauses. Contractor/Manufacturer is Novell, Inc., 1800
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South Novell 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, 2000-2007 Novell, Inc. All Rights Reserved.
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(04102007)
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Novell and SUSE are registered trademarks and Novell Client is a
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trademark of Novell, Inc. in the United States and other countries.
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Linux is a registered trademark of Linus Torvalds.
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