267 lines
16 KiB
Plaintext
267 lines
16 KiB
Plaintext
Novell® GroupWise® Messenger 2.0 Novell Software License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE
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SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
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THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY
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NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY
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Novell.
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This Novell Software License Agreement (“Agreement”) is a legal agreement
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between You (an entity or a person) and Novell, Inc. (“Novell”). The software
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product identified in the title of this Agreement, media (if any) and
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accompanying documentation (collectively the “Software”) is protected by the
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copyright laws and treaties of the United States (“U.S.”) and other countries
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and is subject to the terms of this Agreement. If You do not agree with the
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terms of this Agreement, do not download, install or otherwise use the
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Software and, if applicable, return the entire unused package to the reseller
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with Your receipt for a refund. The Software is licensed to You, not sold.
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The Software may include or be bundled with other software programs licensed
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under different terms and/or licensed by a licensor other than Novell. Use of
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any software programs accompanied by a separate license agreement is governed
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by that separate license agreement. Any third party software that may be
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provided with the Software is included for use at Your option. Novell is not
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responsible for any third party's software and shall have no liability for
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Your use of third party software.
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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 of
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object that contains data representing a person, such as objects containing
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credit card information or PIN numbers) that has (a) access or use rights to
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any portion of the Software, or (b) access or use rights to products (devices,
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hardware, or software) being managed by the Software, regardless of whether
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the user object is assigned to a person or device. User objects (or other
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classes of 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 only one
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User.
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You must acquire a user license for each User. Each person who accesses or
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uses the Software must have at least one user object uniquely assigned to that
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person and access the Software through the user object.
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Provided that You comply with the above requirements, You are authorized to
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use an unlimited number of copies of the Software.
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Novell eDirectory™. The quantity of licenses for the Novell eDirectory
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software included with Your lawfully acquired licenses of the Novell GroupWise
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Messenger 2.0 Software is equal to the greater of (1) the quantity of licenses
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You have lawfully acquired for the Novell GroupWise Messenger 2.0 Software, or
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(2) 250,000 Users per company/entity. The foregoing Novell eDirectory licenses
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are not upgradeable and are otherwise subject to the license agreement
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accompanying the Novell eDirectory software.
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Evaluation Software. If the Software is an evaluation version or is provided
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to You for evaluation purposes, then Your license to use the Software is
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limited solely to internal evaluation purposes in accordance with the terms of
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the evaluation offering under which You received the Software and expires 90
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days from installation (or such other period as indicated by the Software) and
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the Software may cease to function. Upon expiration of the evaluation period,
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You must discontinue use of the Software, return to an original state any
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actions performed by the Software, and delete the Software entirely from Your
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system. The Software may contain an automatic disabling mechanism that
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prevents 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. Use of
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the Software is entirely at Your own risk.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly granted to
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You. You may not: (1) increase, by any means whatsoever, the number of
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connections supported by the Software and licensed to You or support more than
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one connection or user through a single connection; (2) reverse engineer,
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decompile, or disassemble the Software except and only to the extent it is
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expressly permitted by applicable law; (3) modify, alter, rent, timeshare or
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lease the Software or sublicense any of Your rights under this Agreement; or
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(4) transfer the Software or Your license rights under this Agreement, in
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whole or in part.
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Suite Licenses. If Your license to use th Software is for a suite of
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products, then only one user may use all products in the suite (unless
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otherwise indicated by the Software). The suite license does not allow use of
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individual products in the suite by multiple users.
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Upgrade Protection. If You purchased upgrade protection or maintenance under
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a Novell program for this Software, the upgrade protection or maintenance only
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entitles You to upgrades of the Software as a whole and does not entitle You
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to upgrades of any component programs or products bundled with the Software or
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any individual suite products if the Software is licensed as a suite of
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products. You may separately purchase upgrade protection or maintenance for
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individual components of the Software if permitted by the applicable Novell
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policies.
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Upgrade License. This section applies to You if the Software is an upgrade
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version or is provided to You as an upgrade. “Original Product” means the
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product from which You are upgrading. You are authorized to use the Software
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only if You are the sole and original, authorized user of the Original Product
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and You meet the following conditions: (1) You have acquired the right to use
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the Software solely to replace the Original Product that You acquired legally
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and that qualified to be upgraded with the Software under the Novell policies
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existing at the 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 applicable
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license agreement; (3) At the time You acquired the Original Product, You
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acquired a completed and authentic copy of the Original Product, including all
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disks and manuals, and not simply a master or license disk; (4) You have not
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acquired the Original Product as scrap or through a second hand purchase from
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a dealer, distributor or another end user; (5) You will permanently
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discontinue use of the Original Product within sixty (60) days of installation
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of the Software; and (6) You will not sell or otherwise transfer possession of
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the Original Product.
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Additive License. This section applies to You if You are acquiring the
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Software to add additional users or servers to a previously acquired product
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(referred to below as the “Base Product”). You are authorized to use the
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Software only if You are the sole and original, authorized user of the Base
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Product and You meet the following conditions: (1) You have acquired the right
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to use this Software solely to add additional users or servers to the Base
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Product that You acquired legally; (2) At the time You acquired the Base
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Product, You acquired a complete and authentic copy of the Base Product,
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including all disks and manuals, and not simply a master or license disk; and
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(3) You have not acquired the Base Product as scrap or through a second hand
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purchase from a dealer, distributor or another end user.
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Support. Novell has no obligation to provide support for the Software. For
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more information on Novell's current support offerings, see
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http://support.novell.com.
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OWNERSHIP RIGHTS
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No title to or ownership of the Software is transferred to You. Novell and/or
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its licensors owns and retains all title and ownership of all intellectual
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property rights in the Software, including any adaptations or copies. You
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acquire only a 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 (1) any
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media on which the Software is delivered is free from physical defects; and
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(2) the Software will substantially conform to the documentation accompanying
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the Software. If the defective items are returned to Novell or if You report
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the nonconformity to Novell within ninety (90) days from the date of purchase,
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Novell will at its sole discretion either resolve the nonconformity or refund
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the license fees You paid for the Software. Any misuses or unauthorized
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modification of the Software voices this warranty. THE FOREGOING WARRANTY IS
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YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
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OR IMPLIED. (The foregoing warranty does not apply to Software provided free
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of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY
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KIND.)
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THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION
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WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
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PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
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NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
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WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
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DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
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DAMAGE.
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THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS.
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THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
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dealer for information about compatibility.
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Non-Novell Products. The Software may include or be bundled with hardware or
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other software programs licensed or sold by a licensor other than Novell.
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NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED
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ON AN “AS IS” BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED
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BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
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ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE,
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NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO
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WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED
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WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
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REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
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Some jurisdictions do not allow certain disclaimers and limitations of
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warranties, so portions of the above limitations may not apply to You. This
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limited warranty gives You specific rights and You may also have other rights
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which vary from state to state.
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LIMITATION OF LIABILITY
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(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
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SUBSIDIARIES, OR EMPLOYEES WILL ANY CASE BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, CONSQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING
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OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT
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LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
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POSSIBILITY OF THOSE DAMAGES. (b) Direct Damages. IN NO EVENT WILL NOVELL'S
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AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE
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INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU
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FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
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THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not
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apply to claims relating to death or personal injury. In those jurisdictions
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that do not allow the exclusion or limitation of damages, Novell's liability
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shall be limited or excluded to the maximum extent allowed within those
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jurisdictions.
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GENERAL TERMS
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Term. This Agreement becomes effective on the date You legally acquire the
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Software and will automatically terminate if You breach any of its terms.
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Upon termination of this Agreement. You must destroy the original and all
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copies of the Software or return them to Novell and delete the Software from
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Your systems. Benchmark Testing. This benchmark testing restriction applies
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to You 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 software
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developer or licensor. You may not, without Novell's prior written consent
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not to be unreasonably withheld, publish or disclose to any third party the
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results of any benchmark test of the Software. If You are a licensor of
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products that are functionally similar to or compete with the Software
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(“Similar Products”), or are acting on behalf of such a licensor, and You
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publish or disclose benchmark information on the Software in violation of this
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restriction, then notwithstanding anything to the contrary in the Similar
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Product's end user license agreement, and in addition to any other remedies
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Novell 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 information and
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You hereby represent that You have authority to grant such right to Novell.
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Open Source. Nothing in this Agreement shall restrict, limit or otherwise
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affect any rights or obligations You may have, or conditions to which You may
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be subject, under any applicable open source licenses to any open source code
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contained in the Software. Transfer. This Agreement may not be transferred
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or assigned without the prior written approval of Novell. Law and
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Jurisdiction. This Agreement is governed by the laws of the State of Utah,
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U.S. any action at law relating to this Agreement may only be brought before
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the courts of competent jurisdiction of the State of Utah. If, however, Your
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country of principal residence is a member state of the European Union or the
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European Free Trade Association, this Agreement is governed by the laws of
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that country, and any action at law may only be brought before a court of
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competent jurisdiction of that country. Entire Agreement. This Agreement and
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the Upgrade/Additive Agreement (if applicable) sets forth the entire
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understanding and agreement between You and Novell and may be amended only in
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a writing signed by both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER,
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RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
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TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION
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TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any right under this
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Agreement will be 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 present
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right arising from any breach or failure to perform will be deemed to be a
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waiver of any future right arising under this Agreement. Severability. If
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any provision in this Agreement is invalid or unenforceable, that provision
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will be construed, limited, modified or, if necessary, severed, to the extent
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necessary, to eliminate its invalidity or unenforceability, and the other
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provisions of this Agreement will remain unaffected. Export Compliance. Any
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products or technical information provided under this Agreement may be subject
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to U.S. export controls and the trade laws of other countries. The parties
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agree to comply with all export control regulations and to obtain any required
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licenses or 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 countries as
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specified in the U.S. export laws. The parties will not use deliverables for
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prohibited nuclear, missile, or chemical biological weaponry end uses. Please
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consult the Bureau of Industry and Security web page www.bis.doc.gov before
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exporting Novell products from the U.S. Please refer to
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www.novell.com/info/exports/ for more information on exporting Novell
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software. Upon request, Novell will provide You specific information
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regarding applicable restrictions. However, Novell assumes no responsibility
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for Your failure to obtain any necessary export approvals. U.S. Government
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Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
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subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June
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1987), Far 52.227-19 (June (1987), or DFARS 252.227-7013 (b) (3) (Nov 1995),
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or applicable successor clauses. Contractor/Manufacturer is Novell, Inc.,
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1800 South Novell Place, Provo, Utah 84606. Other. The application of the
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United Nations Convention of Contracts for the International Sale of Goods is
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expressly excluded.
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© 1993, 2000-2005 Novell, Inc. All Rights Reserved. (052605) Novell and
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GroupWise are registered trademarks and eDirectory is a trademark of Novell,
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Inc. in the United States and other countries. |