455 lines
24 KiB
Plaintext
455 lines
24 KiB
Plaintext
NetIQ(R) eDirectory(R) 8.8
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NetIQ Modular Authentication Services (NMAS(tm))
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NetIQ iManager, iMonitor, Certificate Server
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End-User License Agreement
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IMPORTANT - READ CAREFULLY:
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THIS CONSTITUTES A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU (EITHER
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AN INDIVIDUAL OR A LEGAL ENTITY THAT WILL USE THE PRODUCT AND THAT
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YOU REPRESENT AS AN EMPLOYEE OR AUTHORIZED AGENT) AND NETIQ WITH
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RESPECT TO THE SOFTWARE IDENTIFIED HEREIN. BY INSTALLING, COPYING,
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DOWNLOADING OR OTHERWISE ACCESSING THE SOFTWARE YOU AGREE TO BE
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BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
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TERMS OF THIS AGREEMENT, NETIQ IS UNWILLING TO LICENSE THE SOFTWARE
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TO YOU. IN SUCH EVENT, YOU MAY NOT USE OR COPY THE SOFTWARE, AND
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YOU SHOULD PROMPTLY DESTROY ALL COPIES OF THE SOFTWARE AND
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ACCOMPANYING DOCUMENTATION ("DOCUMENTATION"), OR NOTIFY NETIQ TO
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OBTAIN INSTRUCTIONS ON RETURN OF THE UNUSED SOFTWARE IN ACCORDANCE
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WITH ITS RETURN POLICIES.
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THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL
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COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND
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TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
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1. GRANT. NetIQ Corporation ("NetIQ") hereby grants to You as
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licensee, a nonexclusive, nontransferable license, without right of
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sublicense, to install, use and execute the software identified in
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the purchase documentation issued to You by NetIQ, together with any
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updates and modifications to the foregoing, if any, provided to You
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by NetIQ (collectively "Software"). The Software is licensed solely
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in machine readable object code format and solely for Your internal
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business use, in accordance with the terms of this Agreement, the
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Purchase Documentation, the Documentation accompanying this
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Software, and the applicable product use rights and restrictions
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("Product Use Rights") as set forth in the Product Use Rights
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Appendix which is hereby attached to this Agreement and incorporated
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by reference.
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2. EVALUATION USE. In the event that the Software is licensed only
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for Evaluation Use, the terms of this paragraph shall apply. Your
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license to use the Software commences on installation of the
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Software and, unless You and NetIQ agree to a different period, will
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terminate after a period of 30 days (the "Evaluation Period"). You
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may use the Software for an unlimited number of users and servers
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during the Evaluation Period. At the end of the Evaluation Period,
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Your license to use the Evaluation version of the Software is
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automatically terminated. You may not extend the time limits of the
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Software in any manner. At the end of the Evaluation Period You
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agree to de-install the Software and if required by NetIQ, return
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all copies or partial copies of the Software or certify to NetIQ
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that all copies or partial copies of the Software have been deleted
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from Your computer libraries and/or storage devices and have been
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destroyed. If You desire to continue Your use of the Software
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beyond the Evaluation Period, You must contact NetIQ to acquire a
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license to the Software for the applicable fee. EVALUATION SOFTWARE
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IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
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REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
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WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR
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NON-INFRINGEMENT.
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3. RESTRICTIONS. The rights granted herein are subject to the
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restrictions in the Product Use Rights Appendix applicable to the
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Software specified on Your Purchase Documentation and for which You
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have paid NetIQ a fee and the following additional restrictions: (i)
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You may not copy (except for back-up purposes), modify, port, adapt,
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translate, localize, reverse engineer, de-compile, disassemble or
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otherwise attempt to discover the source code of the Software,
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except and only to the extent that it is expressly permitted by the
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law in effect in the jurisdiction in which You are located
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notwithstanding this limitation; (ii) You may not create derivative
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works based on the Software; (iii) You may not remove any patent,
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trademark, copyright, trade secret or other proprietary notices or
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labels on the Software or Documentation; (iv) You may not transfer,
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lease, assign, sublicense, pledge, rent, share or distribute the
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Software or make it available for timesharing, service bureau or
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on-line use, unless previously agreed to in writing by NetIQ; and
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(v) You may not disclose the results of any performance, functional
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or other evaluation or benchmarking of the Software to any third
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party without the prior written permission of NetIQ.
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4. SOFTWARE. If You receive Your first copy of the Software
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electronically, and a second copy on physical media, the second copy
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may be used for archival purposes only. This Agreement does not
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grant You any right to receive, or any license to, any enhancement
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or update of the Software, or any other NetIQ software.
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5. TITLE. The Software and Documentation are confidential and
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proprietary information of NetIQ and/or its suppliers. Title,
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ownership rights, and intellectual property rights in and to the
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foregoing shall remain with NetIQ and/or its suppliers. The
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Software and Documentation are protected by the copyright laws of
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the United States and international copyright treaties. Title,
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ownership rights, and intellectual property rights in and to the
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content accessed through the Software are the property of the
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applicable content owner and may be protected by applicable
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copyright or other law. This license gives You no rights to such
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content. This license does not convey to You an interest in or to
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the Software, but only grants You a limited right of use, which may
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be revocable in accordance with the terms of this Agreement.
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6. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED TO YOU AS IS
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AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NETIQ
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OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH
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RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF
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TITLE, QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR
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FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES
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CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
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NETIQ AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET
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YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE
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SOFTWARE WILL BE UNINTERRUPTED. NETIQ AND ITS SUPPLIERS DO NOT
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WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING
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EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT
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AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE
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PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED
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WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
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7. LIMITED WARRANTY ON PHYSICAL MEDIA. NetIQ guarantees DVDs and CD
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ROMs provided as physical media of Software is free of physical
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defects for ninety (90) days from date of Your purchase. Your only
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remedy of such defects is to return and exchange such physical
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media. NetIQ is not responsible for defects caused by accidents,
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inappropriate or illegal use of the media.
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8. LIMITATION OF LIABILITY. NetIQ and its suppliers' cumulative
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liability to You or any other party for any loss or damages
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resulting from any claims, demands, or actions arising out of or
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relating to this Agreement shall not exceed the license fee paid to
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NetIQ for use of the Software.
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9. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. NETIQ AND ITS
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SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR
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ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL
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DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
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OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION,
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OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
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FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR
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EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
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10. PROVISO. EACH OF THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
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CONTAINED IN THE ABOVE PARAGRAPHS HEADED "DISCLAIMER OF WARRANTIES",
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"LIMITATION OF LIABILITY" AND "EXCLUSION OF CONSEQUENTIAL AND OTHER
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DAMAGES" APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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11. SPECIAL PROVISIONS REGARDING OPEN SOURCE AND THIRD PARTY
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SOFTWARE. The software may contain or be distributed with third
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party software covered by an open source software license ("Open
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Source Software") or other third party software ("Third Party
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Software") covered by a different license. If Open Source Software
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is included the terms and conditions of this license do not apply to
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the Open Source Software. If Third Party Software is included the
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terms and conditions of this license may not apply to Third Party
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Software. Information concerning the inclusion of the Open Source
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Software and Third Party Software not covered by this license, if
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any, and the notices, license terms and disclaimers applicable to
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such software is contained in the About Box and/or
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ThirdPartySoftware.txt file or available on written request to NetIQ.
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12. TERMINATION. Your license to use the Software continues until
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terminated. This license will terminate automatically if You fail
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to comply with any term hereof. No notice shall be required from
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NetIQ to effect such termination. You may also terminate this
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Agreement at any time by notifying NetIQ in writing of termination.
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On termination, You must destroy all copies of the Software and
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remove and uninstall all files an copies of the Software from your
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information technology systems. Your obligation to pay accrued
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charges and fees shall survive any termination of this Agreement.
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13. COMMUNICATION. By registering or downloading this product, You
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make the registered e-mail address available to receive information
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about NetIQ and our products. To remove Yourself from this mailing
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list, please visit: http://www.netiq.com/Account/lists.asp
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14. PAYMENT. You are responsible for making full and timely payment
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for the Software license. You shall pay all of NetIQ's reasonable
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fees, costs and expenses (including reasonable attorneys' fees) if
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legal action is required to collect outstanding balances.
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15. ASSIGNMENT. Neither this Agreement nor any rights granted
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hereunder may be sold, leased, assigned, or otherwise transferred,
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in whole or in part, by You, whether voluntary or by operation of
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law. Any such attempted assignment shall be void and of no effect
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without the prior written consent of NetIQ.
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16. ENTIRE AGREEMENT. This Agreement represents the complete
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agreement concerning this license and supersedes (i) all prior
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agreements and representations with respect to its subject matter;
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and (ii) prevails over any conflicting or additional terms of any
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order, acknowledgment, or similar communication between the parties.
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It may be amended only by a writing executed by both parties.
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17. SEVERABILITY. If any provision of this Agreement is held to be
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unenforceable for any reason, such provision shall be reformed only
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to the extent necessary to make it enforceable.
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18. WAIVER. The waiver by either party of any default or breach of
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this Agreement shall not constitute a waiver of any other or
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subsequent default or breach.
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19. GOVERNING LAW/JURISDICTION. This Agreement shall be governed by
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and construed under Washington law as such law applies to
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agreements between Washington residents entered into and to be
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performed within Washington, except as governed by Federal law. If
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any term of this Agreement is inconsistent with any provision of the
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Uniform Computer Information Transactions Act ("UCITA"), as UCITA
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may be enacted in the state whose law applies, such term shall be
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enforced to the full extent allowed by law.
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20. VERIFICATION. Licensor has the right to verify Your compliance
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with this Agreement. You agree to:
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A. Implement internal safeguards to prevent any unauthorized
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copying, distribution, installation, or use of, or access to, the
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Software and associated maintenance;
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B. Keep records sufficient to certify Your compliance with this
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Agreement (including any Product Use Rights Appendix), and, upon
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request of Licensor, provide and certify metrics and/or reports
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based upon such records and account for both numbers of copies (by
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product and version) and network architectures as they may
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reasonably relate to Your licensing and deployment of the Software
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and associated maintenance; and
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C. Allow a Licensor representative or an independent auditor to
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inspect and audit Your computers and records, during Your normal
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business hours, for compliance with the licensing terms for
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Licensor's software products or associated maintenance. Upon
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Licensor's and auditor's presentation of their signed written
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confidentiality statement form to safeguard Your confidential
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information, You shall fully cooperate with such audit and provide
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any necessary assistance and access to records and computers. If an
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audit reveals that You have or at any time have had unlicensed
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installation, use of, or access to the Software, You will within 30
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days purchase sufficient licenses and/or subscriptions and
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associated maintenance to cover the volume and time period of any
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shortfall without benefit of any otherwise applicable discount. If
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a material license shortfall of 5% or more is found, You must
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reimburse Licensor for the costs incurred in the audit.
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21. EXPORT LAW ASSURANCES. You are responsible for complying with
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all trade regulations and laws both foreign and domestic. You
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acknowledge that this Software may only be exported or re-exported
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in accordance with U.S. Government Export Administration
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Regulations. Without authorization from the U.S. Government, You
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may not export or re-export the Software (i) to any prohibited
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country, person, entity, or end-user as specified by U.S. export
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controls or (ii) for use in the design, development or production of
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nuclear, chemical, or biological weapons, or missile technology, or
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any other prohibited use. You warrant and represent that neither
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the Bureau of Export Administration of the U.S. Commerce Department
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not any other U.S. Government entity or agency has suspended,
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revoked or denied, in whole or in part, Your export privileges. For
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current information on U.S. export requirements and restrictions
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visit www.bis.doc.gov/.
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22. FORCE MAJEURE. NetIQ and its suppliers shall not be liable in
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any respect for failures to perform hereunder due wholly or
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substantially to the elements, acts of God, labor disputes, acts of
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terrorism, acts of civil or military authority, fires, floods,
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epidemics, quarantine restrictions, armed hostilities, riots and
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other unavoidable events beyond the control of NetIQ or its
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suppliers, and the time for performance of obligations hereunder by
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NetIQ or its suppliers subject to such event shall be extended for
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the duration of such event.
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23. U.S. GOVERNMENT RESTRICTED RIGHTS. By accepting delivery of
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or installing or using the Software, the U.S. Government or its
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prime contractor or subcontractor (at any tier) hereby agrees that
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notwithstanding anything to the contrary, and to the maximum extent
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possible under federal law : (a) the acquisition of such Software is
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governed by FAR Part 12 or DFAR 227.7202-4, as applicable and to the
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extent such provisions are consistent with this Agreement; (b) such
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Software qualifies as "commercial computer software" under the
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applicable procurement regulations; (c) any modifications provided
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by NetIQ in connection with such Software are either minor
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derivative modifications or are of a type generally available in the
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commercial marketplace; and (d) the U.S. Government will be bound by
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the commercial terms and conditions and restricted rights contained
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in this Agreement, and no other license terms shall be incorporated
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into this Agreement except by mutual written consent.
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IF YOU ARE A LICENSEE IN EUROPE, THE MIDDLE EAST OR AFRICA,
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NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE
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FOLLOWING TERMS APPLY TO YOU:
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A. NetIQ under this Agreement is NetIQ Europe Limited with its
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registered offices at Building 2, 2nd Floor, Parkmore East Business
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Park, Galway, Republic of Ireland. All references to "NetIQ", the
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licensor of NetIQ software, or NetIQ Corporation (or a subsidiary of
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NetIQ Corporation) shall refer to NetIQ Europe Limited.
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B. If the laws of the country in which You are located require that
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contracts be in the local language in order to be enforceable, the
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version of this Agreement that shall govern is the translated
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version of this Agreement in the local language that is produced by
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NetIQ within a reasonable time following Your written request to
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NetIQ.
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C. Section 5 (Title) shall not apply and instead the following shall
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apply:
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"TITLE. NetIQ and its licensors own all the underlying intellectual
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property rights in and to the Software and Documentation. The
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Software and Documentation are NetIQ's confidential protected by the
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copyright laws of the United States and international copyright
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treaties. Title, ownership rights, and intellectual property rights
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in and to the content accessed through the Software are the property
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of the applicable content owner and may be protected by applicable
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copyright or other law. This license gives You no rights to such
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content. This license does not convey to You an interest in or to
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the Software, but only grants You a limited right of use, which may
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be revocable in accordance with the terms of this Agreement."
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D. The limitations of liability in this Agreement shall not exclude
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or limit NetIQ's liability for: (1) death or personal injury caused
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by its negligence or the negligence of its employees, agents or
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subcontracts, (2) breach of any implied terms as to title or quiet
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enjoyment of any Software supplied pursuant to this Agreement, or
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(3) fraudulent misrepresentation.
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E. Section 12 (Termination) above shall not apply and instead the
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following shall apply:
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"TERMINATION. Your license to use the Software continues unless
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terminated as provided in this Section. This license will terminate
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automatically if You fail to comply with any term hereof. No notice
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shall be required from NetIQ to effect such termination. On
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termination, You shall destroy all copies of the Software. Your
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obligation to pay accrued charges and fees shall survive any
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termination of this Agreement."
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F. Section 13 (Communication) above shall not apply.
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G. Section 19 (Governing Law) above shall not apply and instead the
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following shall apply:
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"GOVERNING LAW. The Agreement is governed by the laws of the
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Republic of Ireland. You hereby agree that for the benefit of
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NetIQ, and without prejudice to the right of NetIQ to take
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proceedings in relation hereto before any other court of competent
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jurisdiction, that the courts of Ireland shall have exclusive
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jurisdiction to hear and determine any suit, action or proceedings
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that might arise out of or in connection with this Agreement and for
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such purposes You irrevocably submit to the jurisdiction of such
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courts. Any arbitration provision above shall not apply."
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H. You acknowledge and agree that the benefits of certain provisions
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of this Agreement are expressed to be for NetIQ Europe Limited and
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NetIQ Corporation. You further acknowledge that each and any of the
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foregoing shall be entitled in its or their own right to require by
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You the due performance of each such provision as aforesaid and to
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this end, that NetIQ Europe Limited is entering into this Agreement
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not only in its own right, but also as trustee and agent for NetIQ
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Corporation.
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THE FOLLOWING APPENDIX IS INCORPORATED INTO THIS AGREEMENT BY
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REFERENCE.
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NETIQ PRODUCT USE RIGHTS APPENDIX
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COMMON TERMS - All Products
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DEFINITIONS: As used in this appendix, "Software" means a specific
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NetIQ software product for which You have Purchase Documentation
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issued to You by NetIQ or NetIQ's agent. Unless defined in this
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appendix, capitalized terms have the meaning given in the parent
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Agreement.
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STANDARD TERMS: Use the Software family headers and the product
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and license type tags below to locate the Product Use Rights terms
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applicable to the Software. Your usage of the Software must be
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consistent with such terms and with the unit count on Your purchase
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documentation. Product use rights terms below for other license
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types or products do not apply to You.
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LIMITED USE RESTRICTIONS: Notwithstanding the standard terms
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below, Your rights may be limited by restrictions which were part of
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Your Software license acquisition. If such restrictions apply to
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Your license, then You must apply the restrictions in the broadest
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possible manner in interpreting Your product and license type rights
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below.
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DEFINITIONS:
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"User" means a user object in a single directory tree (or other
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class of object that contains data representing a person, such as
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objects containing credit card information or PIN numbers) that has
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(a) access or use rights to any portion of the Software, or (b)
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access or use rights to products (devices, hardware, or software)
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being managed by the Software, regardless of whether the user object
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is assigned to a person or device. User objects (or other classes of
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objects) representing the same person that are linked to each other
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within a single tree and/or linked across multiple trees count as
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only one User.
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You must acquire a user license for each User. Each person who
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accesses or uses the Software must have at least one user object
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uniquely assigned to that person and access the Software through the
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user object. Provided that You comply with the above requirements,
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You are authorized to use an unlimited number of copies of the
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Software.
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LICENSES:
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NetIQ eDirectory. You must acquire a user license for each User.
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Each person who accesses or uses the Software must have at least one
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user object uniquely assigned to that person and access the Software
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through the user object. Provided that You comply with the above
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requirements, You are authorized to use an unlimited number of
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copies of the Software. Each user license for eDirectory includes a
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user license for NMAS.
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NetIQ eDirectory Developer License. As a convenience to developers
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developing products that interoperate with NetIQ eDirectory, the 30
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day limit on the evaluation period is removed. This modification
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applies solely to Your use of the NetIQ eDirectory 8.8 product for
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development and testing purposes.
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NMAS License. You must acquire a user license for each User. Each
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person who accesses or uses the Software must have at least one user
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object uniquely assigned to that person and access the Software
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through the user object. Provided that You comply with the above
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requirements, You are authorized to use an unlimited number of
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copies of the Software.
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NetIQ iMonitor, NetIQ iManager, NetIQ Certificate Server. You are
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authorized to install and use the Software identified in this
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paragraph internally within Your organization in connection with
|
|
Your lawful use of eDirectory.
|
|
|
|
Novell(R) Internet Cryptographic Infrastructure (NICI). You are
|
|
authorized to install and use NICI internally within Your
|
|
organization in connection with Your lawful use of eDirectory and
|
|
subject to the Novell, Inc Software License Agreement applicable to
|
|
NICI.
|
|
|
|
Staging License. Provided that You are in compliance with the terms
|
|
of this Agreement, You are authorized to use the Software in Your
|
|
internal, non-production environment solely for testing purposes in
|
|
a quantity equal to that of Your User commercial licenses.
|
|
|
|
END OF PRODUCT USE RIGHTS APPENDIX
|
|
|
|
NetIQ, NMAS and eDirectory are either trademarks or registered
|
|
trademarks of NetIQ Corporation in certain jurisdictions. Novell
|
|
is a registered trademark of Novell, Inc. in the United States and
|
|
other countries.
|
|
|
|
NetIQ Corporation
|
|
1233 West Loop South
|
|
Houston, TX 77027
|
|
U.S.A.
|
|
|
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(081613) |