352 lines
19 KiB
Plaintext
352 lines
19 KiB
Plaintext
Novell(r) eDirectory(r) 8.8
|
|
Novell Software License Agreement
|
|
|
|
PLEASE READ THIS AGREEMENT CAREFULLY, BY INSTALLING OR OTHERWISE
|
|
USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
|
|
DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE
|
|
SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
|
|
DISTRIBUTED EXCEPT AS AUTHORIZED BY Novell.
|
|
|
|
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, media (if any) 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 You do not agree with the
|
|
terms of this Agreement, do not download, install or otherwise use
|
|
the Software and, if applicable, return the entire unused package to
|
|
the reseller with Your receipt for a refund. The Software is
|
|
licensed to You, not sold.
|
|
|
|
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. Novell is not responsible for any
|
|
third party's software and shall have no liability for Your use of
|
|
third party software.
|
|
|
|
LICENSED USE
|
|
|
|
Commercial Software.
|
|
|
|
"Bundled Offering" is an offering, legally distributed by a third
|
|
party, comprised of the Software distributed in combination or
|
|
association with a product of that third party (referred to hereafter
|
|
as the "Bundled Product").
|
|
|
|
"Server Software" means the components of the Software that operate
|
|
on a central processing unit (CPU), or group of CPUs, and that
|
|
provide access to shared resources.
|
|
|
|
"Client Software" means the components of the Software that permit
|
|
access to Server Software from another device.
|
|
|
|
"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.
|
|
|
|
Licenses.
|
|
|
|
One of the following licenses applies depending on which software You
|
|
acquired. Client Software may be used only to access Server Software
|
|
or other Novell software. Use of any software programs accompanied
|
|
by a separate license agreement shall be governed by that separate
|
|
license agreement.
|
|
|
|
Novell eDirectory License (Bundled Offering with non-Novell
|
|
products). This license grant applies to You if You acquired the
|
|
Software as part of a Bundled Offering. Subject to the terms and
|
|
conditions of this Agreement, Novell grants to You a non-exclusive,
|
|
non-transferable right to internally make, distribute, and use within
|
|
Your company an unlimited number of copies of the Software, provided
|
|
that the aggregate number of Users within Your company does not
|
|
exceed 250,000 Users. 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. These licenses are
|
|
not upgradeable. Regardless of how many copies of Novell eDirectory
|
|
You receive as part of this Bundled Offering or other Bundled
|
|
Offerings, Your use of Novell eDirectory licenses granted as part of
|
|
a Bundled Offering with non-Novell products is limited to 250,000
|
|
licenses per company. You must acquire a Novell eDirectory license
|
|
(other than as part of a Bundled Offering) for each User in excess of
|
|
250,000 Users.
|
|
|
|
Novell eDirectory License (Not As Bundled Offering) This license
|
|
grant applies to You if You did not acquire the Software as part of a
|
|
Bundled Offering. Subject to the terms and conditions of this
|
|
Agreement, Novell grants to You a non-exclusive, non-transferable
|
|
right to internally make, distribute, and use within Your
|
|
organization an unlimited number of copies of the Software, provided
|
|
that the aggregate number of Users does not exceed the quantity of
|
|
user licenses You have legally acquired. Each person who accesses or
|
|
uses the Software must have at least one user object uniquely
|
|
assigned to that person and access the Software through the user
|
|
object.
|
|
|
|
Novell eGuide 2.1, ConsoleOne, Novell iMonitor, Novell iManager,
|
|
Novell Certificate Server, Novell Internet Cryptographic
|
|
Infrastructure (NICI). You are authorized to install and use the
|
|
Software identified in this paragraph internally within Your
|
|
organization or entity in connection with Your lawful use of
|
|
eDirectory.
|
|
|
|
Novell Modular Authentication Services (NMAS(tm)), Standard Edition.
|
|
The quantity of user licenses for the NMAS, Standard Edition Software
|
|
included with Your purchase of the Novell eDirectory Software is
|
|
equal to the number of user licenses You have acquired for the Novell
|
|
eDirectory Software. You must have a user license for each User of
|
|
the NMAS, Standard Edition Software. Each person who accesses or uses
|
|
the Software must have at least one user object uniquely assigned to
|
|
that person and access the Software through the user object. The
|
|
foregoing NMAS licenses are also subject to the license agreement
|
|
accompanying the NMAS, Standard Edition Software, if any.
|
|
|
|
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 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 indicated by the Software) and the Software may cease
|
|
to function. 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. Use of the Software is entirely at Your own
|
|
risk.
|
|
|
|
RESTRICTIONS
|
|
|
|
License Restrictions. Novell reserves all rights not expressly
|
|
granted to You. You may not: (1) increase, by any means whatsoever,
|
|
the number of connections supported by the Software and licensed to
|
|
You or support more than one connection or user through a single
|
|
connection; (2) reverse engineer, decompile, or disassemble the
|
|
Software except and only to the extent it is expressly permitted by
|
|
applicable law; (3) modify, alter, rent, timeshare or lease the
|
|
Software or sublicense any of Your rights under this Agreement; or
|
|
(4) transfer the Software or Your license rights under this
|
|
Agreement, in whole or in part.
|
|
|
|
Suite Licenses. If Your license to use th Software is for a suite of
|
|
products, then only one user may use all products in the suite
|
|
(unless otherwise indicated by the Software). The suite license does
|
|
not allow use of individual products in the suite by multiple users.
|
|
|
|
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 suite products if the Software is licensed as a suite of
|
|
products. You may separately purchase upgrade protection or
|
|
maintenance for individual components of the Software if permitted by
|
|
the applicable Novell policies.
|
|
|
|
Upgrade License. This section applies to You if the Software is an
|
|
upgrade version or is provided to You as an upgrade. "Original
|
|
Product" means the product from which You are upgrading. You are
|
|
authorized to use the Software only if You are the sole and original,
|
|
authorized user of the Original Product 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 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; (3) At the time
|
|
You acquired the Original Product, You acquired a completed and
|
|
authentic copy of the Original Product, including all disks and
|
|
manuals, and not simply a master or license disk; (4) You have not
|
|
acquired the Original Product as scrap or through a second hand
|
|
purchase from a dealer, distributor or another end user; (5) You will
|
|
permanently discontinue use of the Original Product within sixty (60)
|
|
days of installation of the Software; and (6) You will not sell or
|
|
otherwise transfer possession of the Original Product.
|
|
|
|
Additive License. This section applies to You if You are acquiring
|
|
the Software to add additional users or servers to a previously
|
|
acquired product (referred to below as the "Base Product"). You are
|
|
authorized to use the Software only if You are the sole and original,
|
|
authorized user of the Base Product and You meet the following
|
|
conditions: (1) You have acquired the right to use this Software
|
|
solely to add additional users or servers to the Base Product that
|
|
You acquired legally; (2) At the time You acquired the Base Product,
|
|
You acquired a complete and authentic copy of the Base Product,
|
|
including all disks and manuals, and not simply a master or license
|
|
disk; and (3) You have not acquired the Base Product as scrap or
|
|
through a second hand purchase from a dealer, distributor or another
|
|
end user.
|
|
|
|
Support. Novell has no obligation to provide support for the
|
|
Software. For more information on Novell's current support
|
|
offerings, see http://support.novell.com.
|
|
|
|
OWNERSHIP RIGHTS
|
|
|
|
No title to or ownership of the Software is transferred to You.
|
|
Novell and/or its licensors owns and retains all title and ownership
|
|
of all intellectual property rights in the Software, including any
|
|
adaptations or copies. You acquire only a 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 misuses or unauthorized
|
|
modification of the Software voices 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.)
|
|
|
|
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 CONTROLL SYSTETMS,
|
|
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH
|
|
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
|
|
INJURY, OR SEVER 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 dealer for information about compatibility.
|
|
|
|
Non-Novell Products. The Software may include or be bundled with
|
|
hardware or other software programs licensed or sold by a licensor
|
|
other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY
|
|
SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
|
|
FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT 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, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
|
|
PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT
|
|
EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT
|
|
WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE
|
|
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions
|
|
do not allow certain disclaimers and limitations of warranties, so
|
|
portions of the above limitations may not apply to You. This limited
|
|
warranty gives You specific rights and You may also have other rights
|
|
which vary from state to state.
|
|
|
|
LIMITATION OF LIABILITY
|
|
|
|
(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
|
|
SUBSIDIARIES, OR EMPLOYEES IWLL ANY CASE BE LIABLE FOR ANY SPECIAL,
|
|
INCIDENTAL, CONSQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
|
|
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
|
|
INCLUDIGN WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
|
|
IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
|
|
(b) Direct Damages. IN NO EVENT WILL NOVELL'S 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 FO
|
|
RHTE SOFTWARE 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. Upon termination of this Agreement. 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 and the Upgrade/Additive Agreement
|
|
(if applicable) sets forth the entire understanding and agreement
|
|
between You and Novell and may be amended only in a writing signed by
|
|
both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
|
|
SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
|
|
TO MAKE ANY REPRESENTATION OR PROMIS 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 www.novell.com/info/exports/
|
|
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, 2000-2005 Novell, Inc. All Rights Reserved.
|
|
(051305)
|
|
|
|
Novell and eDirectory are registered trademarks and NMAS is a
|
|
trademark of Novell, Inc. in the United States and other countries. |