291 lines
16 KiB
Plaintext
291 lines
16 KiB
Plaintext
Novell (r) Messenger 2.1
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Novell 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 AND, IF APPLICABLE, RETURN THE ENTIRE
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UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE
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SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT
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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, any media and accompanying documentation (collectively the
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“Software”) is protected by the copyright laws and treaties of
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the United States (“U.S.”) and other countries and is subject to
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the terms of this Agreement. Any update or support release to the
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Software that You may download or receive that is not accompanied by
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a license agreement expressly superseding this Agreement is Software
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and governed by this Agreement. If the Software is an update or
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support release, then You must have validly licensed the version and
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quantity of the Software being updated or supported in order to
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install or use the 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.
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LICENSED USE
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Commercial Software.
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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. Each person who accesses or uses the Software must have at
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least one user object uniquely assigned to that person and access the
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Software through the user object.
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You must have a valid Novell GroupWise 7.x or subsequent version
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User license for each User of the Software. The Software may only be
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used by a User with a corresponding Novell GroupWise license.
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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 and 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 may be indicated within the Software). Upon
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expiration of the evaluation period, You must discontinue use of the
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Software, return to an original state any actions performed by the
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Software, and delete the Software entirely from Your system. The
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Software may contain an automatic disabling mechanism that prevents
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its use after a certain period of time, so You should back up Your
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system and take other measures to prevent any loss of files or data.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly
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granted to You. The Software is licensed for Your internal use only.
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You may not (1) 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; (2) modify, alter, rent, timeshare host or lease the
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Software or sublicense any of Your rights under this Agreement; or
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(3) transfer the Software or Your license rights under this
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Agreement, in whole or in part, without written permission by Novell.
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Suite Licenses. If Your license to use the Software is for a suite
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of products, then for each license only one user may use the products
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in the suite. The suite license does not allow use of individual
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products in the suite by multiple users if licensed on a user basis
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or multiple devices if licensed on a device or server basis.
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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 products included in a suite if the Software is licensed
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as a suite of products. You may separately purchase upgrade
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protection for individual components of the Software if permitted by
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the applicable Novell policies and programs.
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Upgrade Software. This section applies to You if You have purchased
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the Software based upon upgrade pricing. “Original Product”
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means the product from which You are upgrading. You are authorized
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to use the Software only if You are the authorized user of the
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Original Product and You meet the following conditions: (1) You have
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acquired the right to use the Software solely to replace the Original
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Product that You acquired legally and that is qualified to be
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upgraded with the Software under the Novell policies existing at the
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time You acquired the Software; (2) You installed and used the
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Original Product in accordance with the terms and conditions of the
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applicable license agreement; and (3) You will not sell or otherwise
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transfer possession of the Original Product.
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Support. Novell has no obligation to provide support unless You
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purchase an offering that expressly includes support services. If
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You make such a purchase and no separate agreement specifically
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applies to the support services, then the terms of this Agreement
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will govern the provision of such support services (“Services”).
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For more information on Novell's current support offerings, see
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http://www.novell.com/support.
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OWNERSHIP
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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 retain all right, title and interest in
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and to all intellectual property rights in the Software and Services,
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including any adaptations or copies thereof. You acquire only a
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conditional 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 unauthorized use or
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modification to 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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Services. Novell warrants that any Services purchased will be
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supplied in a professional manner in accordance with generally
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accepted industry standards. This warranty will be effective for
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ninety (90) days following delivery of the Services. Upon any breach
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of this warranty, Novell’s only obligation is to either correct the
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Services so that they comply with this warranty or at its option
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refund the amount You paid to Novell for the portion of the Services
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that fail to comply with this warranty. As files may be altered or
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damaged in the course of Novell providing technical services, You
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agree to take appropriate measures to isolate and back up Your
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systems.
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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 reseller 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 or services licensed or sold by
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an entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL
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PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON
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AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-NOVELL
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PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE
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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, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
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NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, REPRESENTATION OR
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PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL
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DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
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REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL
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BE UNINTERRUPTED. Some jurisdictions do not allow certain
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disclaimers and limitations of warranties, so portions of the above
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limitations may not apply to You. This limited warranty gives You
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specific rights and You may also have other rights which vary by
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state or jurisdiction.
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LIMITATION OF LIABILITY
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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 OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
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BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
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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 OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF
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YOU 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
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or compete with the Software (“Similar Products”), or are acting
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on 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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© 1993, 2000-2010 Novell, Inc. All Rights Reserved.
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(022510)
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Novell and GroupWise are registered trademarks of Novell, Inc. in the
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United States and other countries.
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