diff --git a/licenses/NetIQ-GW-12 b/licenses/NetIQ-GW-12 index 08e576d4..903923bf 100644 --- a/licenses/NetIQ-GW-12 +++ b/licenses/NetIQ-GW-12 @@ -1,391 +1,400 @@ -GroupWise® 2012 SP2 GroupWise WebAccess/Messenger (Limited License) GroupWise -Coexistence Solution for Exchange +GroupWise® 2012 SP2 +GroupWise WebAccess/Messenger (Limited License) +GroupWise Coexistence Solution for Exchange Novell® Software License Agreement -PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE -USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT -AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, -IF APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR -RECEIPT FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER -DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. +PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE +USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT +AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF +APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT +FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED +EXCEPT AS AUTHORIZED BY NOVELL. -This Novell Software License Agreement (“Agreement”) is a legal agreement -between You (an entity or a person) and Novell, Inc. (“Novell”). The -software product identified in the title of this Agreement for which You have -acquired licenses, any media and accompanying documentation (collectively -the “Software”) is protected by the copyright laws and treaties of the -United States (“U.S.”) and other countries and is subject to the terms of -this Agreement. Any update or support release to the Software that You may -download or receive that is not accompanied by a license agreement expressly -superseding this Agreement is Software and governed by this Agreement. If -the Software is an update or support release, then You must have validly -licensed the version and quantity of the Software being updated or supported -in order to install or use the update or support release. +This Novell Software License Agreement (“Agreement”) is a legal agreement +between You (an entity or a person) and Novell, Inc. (“Novell”). The software +product identified in the title of this Agreement for which You have acquired +licenses, any media and accompanying documentation (collectively the +“Software”) is protected by the copyright laws and treaties of the United +States (“U.S.”) and other countries and is subject to the terms of this +Agreement. Any update or support release to the Software that You may download +or receive that is not accompanied by a license agreement expressly superseding +this Agreement is Software and governed by this Agreement. If the Software is +an update or support release, then You must have validly licensed the version +and quantity of the Software being updated or supported in order to install or +use the update or support release. -The Software may include or be bundled with other software programs licensed -under different terms and/or licensed by a licensor other than Novell. Use -of any software programs accompanied by a separate license agreement is -governed by that separate license agreement. Any third party software that -may be provided with the Software is included for use at Your option. +The Software may include or be bundled with other software programs licensed +under different terms and/or licensed by a licensor other than Novell. Use of +any software programs accompanied by a separate license agreement is governed +by that separate license agreement. Any third party software that may be +provided with the Software is included for use at Your option. LICENSED USE Commercial Software. -The following licenses apply to Your use of the Software depending on which -product licenses You have purchased and whether You are current on maintenance -for Your licenses. +The following licenses apply to Your use of the Software depending on which +product licenses You have purchased and whether You are current on maintenance +for Your licenses. -“User" means a user object in a single directory tree (or other class of -object that contains data representing a person, such as objects containing -credit card information or PIN numbers) that has (a) access or use rights -to any portion of the Software, or (b) access or use rights to products -(devices, hardware, or software) being managed by the Software, regardless -of whether the user object is assigned to a person or device. User objects -(or other classes of objects) representing the same person that are linked -to each other within a single tree and/or linked across multiple trees count -as only one User. +“User" means a user object in a single directory tree (or other class of object +that contains data representing a person, such as objects containing credit +card information or PIN numbers) that has (a) access or use rights to any +portion of the Software, or (b) access or use rights to products (devices, +hardware, or software) being managed by the Software, regardless of whether the +user object is assigned to a person or device. User objects (or other classes +of objects) representing the same person that are linked to each other within a +single tree and/or linked across multiple trees count as only one User. -GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable -user license for each User of the Software. Each person who accesses or -uses the Software must have at least one user object uniquely assigned to -that person and access the Software through the user object. The Software -may only be used for Your own business operations. Provided that You comply -with the above requirements, You are authorized to use an unlimited number -of copies of the Software. +GroupWise and GroupWise WebAccess/Messenger. You must acquire the applicable +user license for each User of the Software. Each person who accesses or uses +the Software must have at least one user object uniquely assigned to that +person and access the Software through the user object. The Software may only +be used for Your own business operations. Provided that You comply with the +above requirements, You are authorized to use an unlimited number of copies of +the Software. -GroupWise WebAccess/Messenger licenses are limited client use licenses and -are restricted to a User with a mailbox that is used and marked as a limited -client license mailbox. WebAccess and/or Messenger licenses cannot be used -for a mailbox that has been accessed by the GroupWise client for Windows -or Mac (grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book +GroupWise WebAccess/Messenger licenses are limited client use licenses and are +restricted to a User with a mailbox that is used and marked as a limited client +license mailbox. WebAccess and/or Messenger licenses cannot be used for a +mailbox that has been accessed by the GroupWise client for Windows or Mac +(grpwise.exe), GroupWise Notify (notify.exe), GroupWise Address Book (addrbook.exe), or a third-party plug-in to the GroupWise client API. -GroupWise Coexistence Solution for Exchange. Coexistence is an optional -technology provided with GroupWise that You must license separately on an -annual subscription basis to enable utilization with supported versions of -Exchange. You must acquire subscriptions for the total number of GroupWise -Users or the total number of Exchange Users synchronized with Coexistence, -whichever quantity is smaller. Use of Coexistence subscriptions is -conditioned on being current on maintenance coverage for all of Your -GroupWise licenses. Your Coexistence subscription and right to use the -Coexistence technology terminates and You must uninstall from Your systems -and discontinue use of Coexistence upon the earlier of (1) termination -or expiration of maintenance coverage on Your GroupWise licenses, or (2) -purchase of maintenance coverage for less than the total number of Your -GroupWise licenses. If You have licensed GroupWise under an academic or -school licensing program, then the reference to maintenance coverage in this -paragraph refers to Your subscription coverage. +GroupWise Coexistence Solution for Exchange. Coexistence is an optional +technology provided with GroupWise that You must license separately on an +annual subscription basis to enable utilization with supported versions of +Exchange. You must acquire subscriptions for the total number of GroupWise +Users or the total number of Exchange Users synchronized with Coexistence, +whichever quantity is smaller. Use of Coexistence subscriptions is conditioned +on being current on maintenance coverage for all of Your GroupWise licenses. +Your Coexistence subscription and right to use the Coexistence technology +terminates and You must uninstall from Your systems and discontinue use of +Coexistence upon the earlier of (1) termination or expiration of maintenance +coverage on Your GroupWise licenses, or (2) purchase of maintenance coverage +for less than the total number of Your GroupWise licenses. If You have +licensed GroupWise under an academic or school licensing program, then the +reference to maintenance coverage in this paragraph refers to Your subscription +coverage. -eDirectory Software License. The quantity of licenses for the eDirectory -software included with Your lawfully acquired licenses of the Novell -GroupWise 2012 Software is equal to the greater of (1) the quantity of -licenses You have lawfully acquired for the Novell GroupWise 2012 Software, -or (2) 250,000 Users per company/entity. The foregoing eDirectory licenses -are not upgradeable and are otherwise subject to the license agreement -accompanying the eDirectory software. The foregoing eDirectory licenses -are not upgradeable and are otherwise subject to the license agreement -accompanying the eDirectory software. +eDirectory Software License. The quantity of licenses for the eDirectory +software included with Your lawfully acquired licenses of the Novell GroupWise +2012 Software is equal to the greater of (1) the quantity of licenses You have +lawfully acquired for the Novell GroupWise 2012 Software, or (2) 250,000 Users +per company/entity. The foregoing eDirectory licenses are not upgradeable and +are otherwise subject to the license agreement accompanying the eDirectory +software. The foregoing eDirectory licenses are not upgradeable and are +otherwise subject to the license agreement accompanying the eDirectory software. -SLES® - Bundle Edition. Notwithstanding the license rights in the license -agreement accompanying the copy of SUSE® Linux Enterprise Server product -(SLES) You received with the Software, You agree to use SLES solely for the -purpose of running the GroupWise 2012 Software and not as a general purpose -operating system. +SLES® - Bundle Edition. Notwithstanding the license rights in the license +agreement accompanying the copy of SUSE® Linux Enterprise Server product (SLES) +You received with the Software, You agree to use SLES solely for the purpose of +running the GroupWise 2012 Software and not as a general purpose operating +system. -Third Party Components. Additional terms applicable to Your use of the -Software are found in the appendix attached hereto. +Third Party Components. Additional terms applicable to Your use of the Software +are found in the appendix attached hereto. -Evaluation Software. If the Software is an evaluation version or is provided -to You for evaluation purposes, then Your license to use the Software is -limited solely to internal evaluation purposes and in accordance with the -terms of the evaluation offering under which You received the Software -and expires 90 days from installation (or such other period as may be -indicated within the Software). Upon expiration of the evaluation period, -You must discontinue use of the Software, return to an original state any -actions performed by the Software, and delete the Software entirely from -Your system. The Software may contain an automatic disabling mechanism that -prevents its use after a certain period of time, so You should back up Your -system and take other measures to prevent any loss of files or data. +Evaluation Software. If the Software is an evaluation version or is provided to +You for evaluation purposes, then Your license to use the Software is limited +solely to internal evaluation purposes and in accordance with the terms of the +evaluation offering under which You received the Software and expires 90 days +from installation (or such other period as may be indicated within the +Software). Upon expiration of the evaluation period, You must discontinue use +of the Software, return to an original state any actions performed by the +Software, and delete the Software entirely from Your system. The Software may +contain an automatic disabling mechanism that prevents its use after a certain +period of time, so You should back up Your system and take other measures to +prevent any loss of files or data. RESTRICTIONS -License Restrictions. Novell reserves all rights not expressly granted to -You. The Software is licensed for Your internal use only. You may not (1) -reverse engineer, decompile, or disassemble the Software except and only to -the extent it is expressly permitted by applicable law; (2) modify, alter, -rent, timeshare, host or lease the Software or sublicense any of Your rights -under this Agreement; or (3) transfer the Software or Your license rights under -this Agreement, in whole or in part, without written permission by Novell. +License Restrictions. Novell reserves all rights not expressly granted to You. +The Software is licensed for Your internal use only. You may not (1) reverse +engineer, decompile, or disassemble the Software except and only to the extent +it is expressly permitted by applicable law; (2) modify, alter, rent, +timeshare, host or lease the Software or sublicense any of Your rights under +this Agreement; or (3) transfer the Software or Your license rights under this +Agreement, in whole or in part, without written permission by Novell. -Suite Licenses. If Your license to use the Software is for a suite of -products, then for each license only one user may use the products in the -suite. The suite license does not allow use of individual products in the -suite by multiple users if licensed on a user basis or multiple devices if -licensed on a device or server basis. +Suite Licenses. If Your license to use the Software is for a suite of products, +then for each license only one user may use the products in the suite. The +suite license does not allow use of individual products in the suite by +multiple users if licensed on a user basis or multiple devices if licensed on a +device or server basis. -Upgrade Protection. If You purchased upgrade protection or maintenance under a -Novell program for this Software, the upgrade protection or maintenance only -entitles You to upgrades of the Software as a whole and does not entitle You -to upgrades of any component programs or products bundled with the Software -or any individual products included in a suite if the Software is licensed -as a suite of products. You may separately purchase upgrade protection for -individual components of the Software if permitted by the applicable Novell -policies and programs. +Upgrade Protection. If You purchased upgrade protection or maintenance under a +Novell program for this Software, the upgrade protection or maintenance only +entitles You to upgrades of the Software as a whole and does not entitle You to +upgrades of any component programs or products bundled with the Software or any +individual products included in a suite if the Software is licensed as a suite +of products. You may separately purchase upgrade protection for individual +components of the Software if permitted by the applicable Novell policies and +programs. -Upgrade Software. This section applies to You if You have purchased the -Software based upon upgrade pricing. “Original Product” means the product -from which You are upgrading. You are authorized to use the Software only -if You are the authorized user of the Original Product and You meet the -following conditions: (1) You have acquired the right to use the Software -solely to replace the Original Product that You acquired legally and that -is qualified to be upgraded with the Software under the Novell policies -existing at the time You acquired the Software; (2) You installed and -used the Original Product in accordance with the terms and conditions of -the applicable license agreement; and (3) You will not sell or otherwise -transfer possession of the Original Product. +Upgrade Software. This section applies to You if You have purchased the +Software based upon upgrade pricing. “Original Product” means the product from +which You are upgrading. You are authorized to use the Software only if You are +the authorized user of the Original Product and You meet the following +conditions: (1) You have acquired the right to use the Software solely to +replace the Original Product that You acquired legally and that is qualified to +be upgraded with the Software under the Novell policies existing at the time +You acquired the Software; (2) You installed and used the Original Product in +accordance with the terms and conditions of the applicable license agreement; +and (3) You will not sell or otherwise transfer possession of the Original +Product. -Support. Novell has no obligation to provide support unless You purchase an -offering that expressly includes support services. If You make such a purchase -and no separate agreement specifically applies to the support services, then -the terms of this Agreement will govern the provision of such support services -(“Services”). For more information on Novell's current support offerings, -see http://www.novell.com/support. +Support. Novell has no obligation to provide support unless You purchase an +offering that expressly includes support services. If You make such a purchase +and no separate agreement specifically applies to the support services, then +the terms of this Agreement will govern the provision of such support services +(“Services”). For more information on Novell's current support offerings, see +http://www.novell.com/support. -OWNERSHIP +OWNERSHIP -No title to or ownership of the Software is transferred to You. Novell and/or -its licensors retain all right, title and interest in and to all intellectual -property rights in the Software and Services, including any adaptations or +No title to or ownership of the Software is transferred to You. Novell and/or +its licensors retain all right, title and interest in and to all intellectual +property rights in the Software and Services, including any adaptations or copies thereof. You acquire only a conditional license to use the Software. LIMITED WARRANTY -For ninety (90) days from Your date of purchase, Novell warrants that (1) any -media on which the Software is delivered is free from physical defects; and (2) -the Software will substantially conform to the documentation accompanying the -Software. If the defective items are returned to Novell or if You report the -nonconformity to Novell within ninety (90) days from the date of purchase, -Novell will at its sole discretion either resolve the nonconformity or -refund the license fees You paid for the Software. Any unauthorized use or -modification to the Software voids this warranty. THE FOREGOING WARRANTY IS -YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS -OR IMPLIED. (The foregoing warranty does not apply to Software provided free of +For ninety (90) days from Your date of purchase, Novell warrants that (1) any +media on which the Software is delivered is free from physical defects; and (2) +the Software will substantially conform to the documentation accompanying the +Software. If the defective items are returned to Novell or if You report the +nonconformity to Novell within ninety (90) days from the date of purchase, +Novell will at its sole discretion either resolve the nonconformity or refund +the license fees You paid for the Software. Any unauthorized use or +modification to the Software voids this warranty. THE FOREGOING WARRANTY IS +YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS +OR IMPLIED. (The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.) -Services. Novell warrants that any Services purchased will be supplied -in a professional manner in accordance with generally accepted industry -standards. This warranty will be effective for ninety (90) days following -delivery of the Services. Upon any breach of this warranty, Novell’s only -obligation is to either correct the Services so that they comply with this -warranty or at its option refund the amount You paid to Novell for the -portion of the Services that fail to comply with this warranty. As files may -be altered or damaged in the course of Novell providing technical services, -You agree to take appropriate measures to isolate and back up Your systems. +Services. Novell warrants that any Services purchased will be supplied in a +professional manner in accordance with generally accepted industry standards. +This warranty will be effective for ninety (90) days following delivery of the +Services. Upon any breach of this warranty, Novell’s only obligation is to +either correct the Services so that they comply with this warranty or at its +option refund the amount You paid to Novell for the portion of the Services +that fail to comply with this warranty. As files may be altered or damaged in +the course of Novell providing technical services, You agree to take +appropriate measures to isolate and back up Your systems. -THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION -WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE -PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT -NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, -WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD +THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION +WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE +PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT +NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, +WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. -THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING -SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call -Novell or Your reseller for information about compatibility. +THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. +THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your +reseller for information about compatibility. -Non-Novell Products. The Software may include or be bundled with hardware or -other software programs or services licensed or sold by an entity other than -Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH -PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF -ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE -WITH THE APPLICABLE LICENSOR WARRANTY. +Non-Novell Products. The Software may include or be bundled with hardware or +other software programs or services licensed or sold by an entity other than +Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH +PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY +FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH +THE APPLICABLE LICENSOR WARRANTY. -EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY -AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, -FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO -WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED -WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY -YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL -BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and -limitations of warranties, so portions of the above limitations may not -apply to You. This limited warranty gives You specific rights and You may -also have other rights which vary by state or jurisdiction. +EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND +ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR +A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, +REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. +NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR +REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE +UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and +limitations of warranties, so portions of the above limitations may not apply +to You. This limited warranty gives You specific rights and You may also have +other rights which vary by state or jurisdiction. LIMITATION OF LIABILITY -Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, -OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, -CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF -THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT -LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE -POSSIBILITY OF THOSE DAMAGES. Direct Damages. IN NO EVENT WILL NOVELL'S -AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN -ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID -BY YOU FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 -(U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and -limitations will not apply to claims relating to death or personal injury. In -those jurisdictions that do not allow the exclusion or limitation of damages, -Novell's liability shall be limited or excluded to the maximum extent allowed -within those jurisdictions. +Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR +EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, +CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE +USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT +LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE +POSSIBILITY OF THOSE DAMAGES. +Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT +DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF +INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR +SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE +SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply +to claims relating to death or personal injury. In those jurisdictions that do +not allow the exclusion or limitation of damages, Novell's liability shall be +limited or excluded to the maximum extent allowed within those jurisdictions. GENERAL TERMS -Term. This Agreement becomes effective on the date You legally acquire the -Software and will automatically terminate if You breach any of its terms. If -the Software is provided to You on a subscription basis, then Your right -to possess or use the Software will terminate at the end of the applicable -subscription period. Upon termination of this Agreement or any applicable -subscription period, You must destroy the original and all copies of the +Term. This Agreement becomes effective on the date You legally acquire the +Software and will automatically terminate if You breach any of its terms. If +the Software is provided to You on a subscription basis, then Your right to +possess or use the Software will terminate at the end of the applicable +subscription period. Upon termination of this Agreement or any applicable +subscription period, You must destroy the original and all copies of the Software or return them to Novell and delete the Software from Your systems. -Verification. Novell may, upon fifteen (15) days’ advance notice and at -its expense, conduct an annual audit, during your normal business hours, -of your use of the Software and Documentation to verify compliance with -this Agreement. You agree to implement internal safeguards to prevent any -unauthorized copying, distribution, installation, or use of, or access to, -the Software. You further agree to keep records sufficient to certify your -compliance with this Agreement, and, upon request of Novell, provide and -certify metrics and/or reports based upon such records and accounting both -numbers of copies (by product and version) and network architectures as they -may reasonably relate to your licensing and deployment of the Software. You -shall provide Novell or an authorized representative with access to records, -hardware and employees in order to perform the audit. Upon Novell’s or -its authorized representative’s presentation of their reasonable written -commitment(s) to safeguard your confidential information, you shall fully -cooperate with such audit and provide any necessary assistance and access to -records and computers. If an audit reveals that you have or at any time have -had unlicensed installation, use of, or access to the Software, You will -promptly acquire sufficient licenses to cover any shortage. If a material -license shortage of 5% or more is found, you must reimburse Novell for the -costs incurred in the audit and acquire the necessary additional licenses -within 30 days without the benefit of any otherwise applicable discount. -Benchmark Testing. This benchmark testing restriction applies to You if -You are a software developer or licensor or if You are performing testing -on the Software at the direction of or on behalf of a software developer -or licensor. You may not, without Novell's prior written consent not to be -unreasonably withheld, publish or disclose to any third party the results of -any benchmark test of the Software. If You are a licensor of products that are -functionally similar to or compete with the Software (“Similar Products”), -or are acting on behalf of such a licensor, and You publish or disclose -benchmark information on the Software in violation of this restriction, -then notwithstanding anything to the contrary in the Similar Product's end -user license agreement, and in addition to any other remedies Novell may -have, Novell shall have the right to perform benchmark testing on Similar -Products and to disclose and publish that benchmark information and You -hereby represent that You have authority to grant such right to Novell. -Open Source. Nothing in this Agreement shall restrict, limit or otherwise -affect any rights or obligations You may have, or conditions to which -You may be subject, under any applicable open source licenses to any open -source code contained in the Software. Transfer. This Agreement may not -be transferred or assigned without the prior written approval of Novell. -Law and Jurisdiction. This Agreement is governed by the laws of the State of -Utah, U.S. Any action at law relating to this Agreement may only be brought -before the courts of competent jurisdiction of the State of Utah. If, however, -Your country of principal residence is a member state of the European Union or -the European Free Trade Association, this Agreement is governed by the laws -of that country, and any action at law may only be brought before a court -of competent jurisdiction of that country. Entire Agreement. This Agreement -sets forth the entire understanding and agreement between You and Novell and -may be amended or modified only by a written agreement agreed to by You and -an authorized representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER, -RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS -AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, -OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any -right under this Agreement will be effective unless in writing, signed by a -duly authorized representative of the party to be bound. No waiver of any -past or present right arising from any breach or failure to perform will -be deemed to be a waiver of any future right arising under this Agreement. -Severability. If any provision in this Agreement is invalid or unenforceable, -that provision will be construed, limited, modified or, if necessary, severed, -to the extent necessary, to eliminate its invalidity or unenforceability, -and the other provisions of this Agreement will remain unaffected. -Export Compliance. Any products or technical information provided under -this Agreement may be subject to U.S. export controls and the trade laws -of other countries. The parties agree to comply with all export control -regulations and to obtain any required licenses or classification to export, -re-export or import deliverables. The parties agree not to export or re-export -to entities on the current U.S. export exclusion lists or to any embargoed -or terrorist countries as specified in the U.S. export laws. The parties will -not use deliverables for prohibited nuclear, missile, or chemical biological -weaponry end uses. Please consult the Bureau of Industry and Security web page -www.bis.doc.gov before exporting Novell products from the U.S. Please refer -to http://www.novell.com/company/legal/ for more information on exporting -Novell software. Upon request, Novell will provide You specific information -regarding applicable restrictions. However, Novell assumes no responsibility -for Your failure to obtain any necessary export approvals. U.S. Government -Restricted Rights. Use, duplication, or disclosure by the U.S. Government -is subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III -(June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) (3) (Nov -1995), or applicable successor clauses. Contractor/Manufacturer is Novell, -Inc., 1800 South Novell Place, Provo, Utah 84606. Other. The application -of the United Nations Convention of Contracts for the International Sale of -Goods is expressly excluded. +Verification. Novell may, upon fifteen (15) days’ advance notice and at its +expense, conduct an annual audit, during your normal business hours, of your +use of the Software and Documentation to verify compliance with this Agreement. +You agree to implement internal safeguards to prevent any unauthorized copying, +distribution, installation, or use of, or access to, the Software. You further +agree to keep records sufficient to certify your compliance with this +Agreement, and, upon request of Novell, provide and certify metrics and/or +reports based upon such records and accounting both numbers of copies (by +product and version) and network architectures as they may reasonably relate to +your licensing and deployment of the Software. You shall provide Novell or an +authorized representative with access to records, hardware and employees in +order to perform the audit. Upon Novell’s or its authorized representative’s +presentation of their reasonable written commitment(s) to safeguard your +confidential information, you shall fully cooperate with such audit and provide +any necessary assistance and access to records and computers. If an audit +reveals that you have or at any time have had unlicensed installation, use of, +or access to the Software, You will promptly acquire sufficient licenses to +cover any shortage. If a material license shortage of 5% or more is found, you +must reimburse Novell for the costs incurred in the audit and acquire the +necessary additional licenses within 30 days without the benefit of any +otherwise applicable discount. +Benchmark Testing. This benchmark testing restriction applies to You if You are +a software developer or licensor or if You are performing testing on the +Software at the direction of or on behalf of a software developer or licensor. +You may not, without Novell's prior written consent not to be unreasonably +withheld, publish or disclose to any third party the results of any benchmark +test of the Software. If You are a licensor of products that are functionally +similar to or compete with the Software (“Similar Products”), or are acting on +behalf of such a licensor, and You publish or disclose benchmark information on +the Software in violation of this restriction, then notwithstanding anything to +the contrary in the Similar Product's end user license agreement, and in +addition to any other remedies Novell may have, Novell shall have the right to +perform benchmark testing on Similar Products and to disclose and publish that +benchmark information and You hereby represent that You have authority to grant +such right to Novell. +Open Source. Nothing in this Agreement shall restrict, limit or otherwise +affect any rights or obligations You may have, or conditions to which You may +be subject, under any applicable open source licenses to any open source code +contained in the Software. +Transfer. This Agreement may not be transferred or assigned without the prior +written approval of Novell. +Law and Jurisdiction. This Agreement is governed by the laws of the State of +Utah, U.S. Any action at law relating to this Agreement may only be brought +before the courts of competent jurisdiction of the State of Utah. If, however, +Your country of principal residence is a member state of the European Union or +the European Free Trade Association, this Agreement is governed by the laws of +that country, and any action at law may only be brought before a court of +competent jurisdiction of that country. +Entire Agreement. This Agreement sets forth the entire understanding and +agreement between You and Novell and may be amended or modified only by a +written agreement agreed to by You and an authorized representative of Novell. +NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE +IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE +THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. +Waiver. No waiver of any right under this Agreement will be effective unless in +writing, signed by a duly authorized representative of the party to be bound. +No waiver of any past or present right arising from any breach or failure to +perform will be deemed to be a waiver of any future right arising under this +Agreement. +Severability. If any provision in this Agreement is invalid or unenforceable, +that provision will be construed, limited, modified or, if necessary, severed, +to the extent necessary, to eliminate its invalidity or unenforceability, and +the other provisions of this Agreement will remain unaffected. +Export Compliance. Any products or technical information provided under this +Agreement may be subject to U.S. export controls and the trade laws of other +countries. The parties agree to comply with all export control regulations and +to obtain any required licenses or classification to export, re-export or +import deliverables. The parties agree not to export or re-export to entities +on the current U.S. export exclusion lists or to any embargoed or terrorist +countries as specified in the U.S. export laws. The parties will not use +deliverables for prohibited nuclear, missile, or chemical biological weaponry +end uses. Please consult the Bureau of Industry and Security web page +www.bis.doc.gov before exporting Novell products from the U.S. Please refer to +http://www.novell.com/company/legal/ for more information on exporting Novell +software. Upon request, Novell will provide You specific information regarding +applicable restrictions. However, Novell assumes no responsibility for Your +failure to obtain any necessary export approvals. +U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. +Government is subject to the restrictions in FAR 52.227-14 (June 1987) +Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) +(3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is +Novell, Inc., 1800 South Novell Place, Provo, Utah 84606. +Other. The application of the United Nations Convention of Contracts for the +International Sale of Goods is expressly excluded. -© 1993, 2000-2013 Novell, Inc. All Rights Reserved. (032113) +© 1993, 2000-2013 Novell, Inc. All Rights Reserved. +(032113) -Novell and GroupWise are registered trademarks of Novell, Inc. in the United -States and other countries. SLES and SUSE are registered trademarks of SUSE -LLC in the United States and other countries. eDirectory is a trademark of -NetIQ Corporation in the United States and other countries. All third party +Novell and GroupWise are registered trademarks of Novell, Inc. in the United +States and other countries. SLES and SUSE are registered trademarks of SUSE LLC +in the United States and other countries. eDirectory is a trademark of NetIQ +Corporation in the United States and other countries. All third party trademarks are the property of their respective owners. -**************************************** APPENDIX THIRD PARTY COMPONENTS -(Oracle) The Software contains viewer software licensed by Novell from Oracle -America, Inc. (“Oracle”). For purposes of this addendum, the term “program” -refers to the Oracle viewer software and related Oracle components. Oracle -requires that You agree to the following terms regarding use of the program. -Terms of Use 1) Your use the program is restricted to the scope of the -Software and to Your internal business operations. You may permit Your agents, -contractors, outsourcers and non-employee users to use the program on Your -behalf for Your internal business operations, subject to the terms of the end -user license agreement and provided that You are responsible for their use -of the Software and compliance with the end user license agreement. Physical -control and administrative control of the programs must remain with the -legal entity that executed the end user license agreement. 2) You are -prohibited from (a) transferring the program except for temporary transfer -in the event of computer malfunction if the Software embeds the program -in a physical device; (b) assigning, giving, or transferring the program -or an interest in them to another individual or entity (and if You grant a -security interest in the programs, the secured party has no right to use or -transfer the programs). 3) Oracle or its licensor retains all ownership and -intellectual property rights to the program. 4) You are prohibited from: -(a) use of the program for rental, timesharing, subscription service, -hosting, or outsourcing; (b) the removal or modification of any program -markings or any notice of Oracle’s or its licensors’ proprietary rights; -(c) making the programs available in any manner to any third party for use -in the third party’s business operations (unless such access is expressly -permitted for the specific program license); (d) reverse engineering (unless -required by law for interoperability), disassembly or decompilation of the -programs (the foregoing prohibition includes but is not limited to review -of data structures or similar materials produced by programs); and (e) -publication of any results of benchmark tests run on the programs. 5) You -are required to comply fully with all relevant export laws and regulations -of the United States and other applicable export and import laws to assure -that neither the programs, nor any direct product thereof, are exported, -directly or indirectly, in violation of applicable laws. The Software of -the Uniform Computer Information Transactions Act is excluded. 6) You are -hereby notified that the programs are subject to this restricted license and -can only be used in conjunction with the Software. You are not permitted to -modify the programs. At the termination of the end user license agreement, You -will discontinue use and destroy all copies of the program and documentation. -7) You agree to permit Novell to audit Your use of the programs and report the -audit results to Oracle or allow Oracle to perform the audit at Your cost. You -agree to designate Oracle as a third party beneficiary of the agreement with -respect to the programs. You may not require Oracle to perform any obligations -or incur any liability not previously agreed to between Novell and Oracle. -8) To the extent permitted by applicable law, Oracle disclaims liability for -(a) any damages, whether direct, indirect, incidental, special, punitive -or consequential, and (b) any loss of profits, revenue, data or data use, -arising from the use of the programs. 9) Some programs may include source code -that Oracle may provide as part of its standard shipment of such programs, -which source code shall be governed by the terms of the end user license -agreement. Third party technology that may be appropriate or necessary for -use with some Oracle programs is specified in the Software documentation -or as otherwise notified. Such third party technology is licensed to You -only for use with the program under the terms of the third party license -agreement specified in the Software documentation or as otherwise notified -and not under the terms of the end user license agreement. (February 2013) +**************************************** +APPENDIX +THIRD PARTY COMPONENTS +(Oracle) +The Software contains viewer software licensed by Novell from Oracle America, +Inc. (“Oracle”). For purposes of this addendum, the term “program” refers to +the Oracle viewer software and related Oracle components. Oracle requires that +You agree to the following terms regarding use of the program. +Terms of Use +1) Your use the program is restricted to the scope of the Software and to Your +internal business operations. You may permit Your agents, contractors, +outsourcers and non-employee users to use the program on Your behalf for Your +internal business operations, subject to the terms of the end user license +agreement and provided that You are responsible for their use of the Software +and compliance with the end user license agreement. Physical control and +administrative control of the programs must remain with the legal entity that +executed the end user license agreement. +2) You are prohibited from (a) transferring the program except for temporary +transfer in the event of computer malfunction if the Software embeds the +program in a physical device; (b) assigning, giving, or transferring the +program or an interest in them to another individual or entity (and if You +grant a security interest in the programs, the secured party has no right to +use or transfer the programs). +3) Oracle or its licensor retains all ownership and intellectual property +rights to the program. +4) You are prohibited from: (a) use of the program for rental, timesharing, +subscription service, hosting, or outsourcing; (b) the removal or modification +of any program markings or any notice of Oracle’s or its licensors’ proprietary +rights; (c) making the programs available in any manner to any third party for +use in the third party’s business operations (unless such access is expressly +permitted for the specific program license); (d) reverse engineering (unless +required by law for interoperability), disassembly or decompilation of the +programs (the foregoing prohibition includes but is not limited to review of +data structures or similar materials produced by programs); and (e) publication +of any results of benchmark tests run on the programs. +5) You are required to comply fully with all relevant export laws and +regulations of the United States and other applicable export and import laws to +assure that neither the programs, nor any direct product thereof, are exported, +directly or indirectly, in violation of applicable laws. The Software of the +Uniform Computer Information Transactions Act is excluded. +6) You are hereby notified that the programs are subject to this restricted +license and can only be used in conjunction with the Software. You are not +permitted to modify the programs. At the termination of the end user license +agreement, You will discontinue use and destroy all copies of the program and +documentation. +7) You agree to permit Novell to audit Your use of the programs and report the +audit results to Oracle or allow Oracle to perform the audit at Your cost. You +agree to designate Oracle as a third party beneficiary of the agreement with +respect to the programs. You may not require Oracle to perform any obligations +or incur any liability not previously agreed to between Novell and Oracle. +8) To the extent permitted by applicable law, Oracle disclaims liability for +(a) any damages, whether direct, indirect, incidental, special, punitive or +consequential, and (b) any loss of profits, revenue, data or data use, arising +from the use of the programs. +9) Some programs may include source code that Oracle may provide as part of its +standard shipment of such programs, which source code shall be governed by the +terms of the end user license agreement. Third party technology that may be +appropriate or necessary for use with some Oracle programs is specified in the +Software documentation or as otherwise notified. Such third party technology is +licensed to You only for use with the program under the terms of the third +party license agreement specified in the Software documentation or as otherwise +notified and not under the terms of the end user license agreement. +(February 2013) diff --git a/licenses/Novell-ConsoleOne-SnapIn b/licenses/Novell-ConsoleOne-SnapIn index 0c4a75c8..7951ef0f 100644 --- a/licenses/Novell-ConsoleOne-SnapIn +++ b/licenses/Novell-ConsoleOne-SnapIn @@ -1,259 +1,238 @@ ConsoleOne(tm) Snap-ins Novell(r) Software License Agreement -PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE -USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU -DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE -SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER -DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. +PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE +SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH +THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT +BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. -This Novell Software License Agreement ("Agreement") is a legal -agreement between You (an entity or a person) and Novell, Inc. -("Novell"). However, if You obtained the Software in Europe, the -Middle-East or Africa, any license under this Agreement is granted to -You by, or on behalf of, Novell Ireland Software Limited. The -software product identified in the title of this Agreement, media (if -any) and accompanying documentation (collectively the "Software") is -protected by the copyright laws and treaties of the United States -("U.S.") and other countries and is subject to the terms of this -Agreement. If You do not agree with the terms of this Agreement, do -not download, install or otherwise use the Software and, if -applicable, return the entire unused package to the reseller with -Your receipt for a refund. The Software is licensed to You, not sold. +This Novell Software License Agreement ("Agreement") is a legal agreement +between You (an entity or a person) and Novell, Inc. ("Novell"). However, if +You obtained the Software in Europe, the Middle-East or Africa, any license +under this Agreement is granted to You by, or on behalf of, Novell Ireland +Software Limited. The software product identified in the title of this +Agreement, media (if any) and accompanying documentation (collectively the +"Software") is protected by the copyright laws and treaties of the United +States ("U.S.") and other countries and is subject to the terms of this +Agreement. If You do not agree with the terms of this Agreement, do not +download, install or otherwise use the Software and, if applicable, return the +entire unused package to the reseller with Your receipt for a refund. The +Software is licensed to You, not sold. -The Software may include or be bundled with other software programs -licensed under different terms and/or licensed by a vendor other than -Novell. Use of any software programs accompanied by a separate -license agreement is governed by that separate license agreement. -Any third party software that may be provided with the Software is -included for use at Your option. Novell is not responsible for any -third party's software and shall have no liability for Your use of -third party software. +The Software may include or be bundled with other software programs licensed +under different terms and/or licensed by a vendor other than Novell. Use of any +software programs accompanied by a separate license agreement is governed by +that separate license agreement. Any third party software that may be provided +with the Software is included for use at Your option. Novell is not +responsible for any third party's software and shall have no liability for Your +use of third party software. LICENSED USE Commercial Software. -This Agreement applies to all ConsoleOne Snap-ins provided free of -charge. Such Snap-ins are intended for use solely with their -associated products: for example, eDirectory(tm) Snap-ins are to be -used only with legally acquired eDirectory software, and Novell -Single Sign-on Snap-ins are to be used only with legally acquired -Novell Single Sign-on software. +This Agreement applies to all ConsoleOne Snap-ins provided free of charge. +Such Snap-ins are intended for use solely with their associated products: for +example, eDirectory(tm) Snap-ins are to be used only with legally acquired +eDirectory software, and Novell Single Sign-on Snap-ins are to be used only +with legally acquired Novell Single Sign-on software. -License. Subject to the terms and conditions of this License, Novell -grants You a non-exclusive, non-transferable right for Your internal -use to use the Software in a quantity necessary for its intended -purpose as stated above. You may not redistribute this Software. -Novell reserves all rights not expressly granted to You. Use of any -software programs accompanied by a separate license agreement shall -be governed by that separate license agreement. +License. Subject to the terms and conditions of this License, Novell grants You +a non-exclusive, non-transferable right for Your internal use to use the +Software in a quantity necessary for its intended purpose as stated above. You +may not redistribute this Software. Novell reserves all rights not expressly +granted to You. Use of any software programs accompanied by a separate license +agreement shall be governed by that separate license agreement. -Evaluation Software. If the Software is an evaluation version or is -provided to You for evaluation purposes, then Your license to use the -Software is limited solely to internal evaluation purposes in -accordance with the terms of the evaluation offering under which You -received the Software and expires 90 days from installation (or such -other period as indicated by the Software) and the Software may cease -to function. Unless otherwise authorized by Novell, Your license to -install and use the Software is limited to the greater of (1) one -copy of the Software, or (2) the smallest stratification in which -Novell sells licenses for the Software. Upon expiration of the -evaluation period, You must discontinue use of the Software and -delete the Software entirely from Your system. The Software may -contain an automatic disabling mechanism that prevents its use after -a certain period of time, so You should back up Your system and take -other measures to prevent any loss of files or data. Use of the -Software is entirely at Your own risk. +Evaluation Software. If the Software is an evaluation version or is provided to +You for evaluation purposes, then Your license to use the Software is limited +solely to internal evaluation purposes in accordance with the terms of the +evaluation offering under which You received the Software and expires 90 days +from installation (or such other period as indicated by the Software) and the +Software may cease to function. Unless otherwise authorized by Novell, Your +license to install and use the Software is limited to the greater of (1) one +copy of the Software, or (2) the smallest stratification in which Novell sells +licenses for the Software. Upon expiration of the evaluation period, You must +discontinue use of the Software and delete the Software entirely from Your +system. The Software may contain an automatic disabling mechanism that prevents +its use after a certain period of time, so You should back up Your system and +take other measures to prevent any loss of files or data. Use of the Software +is entirely +at Your own risk. RESTRICTIONS -License Restrictions. Novell reserves all rights not expressly -granted to You. You may not: (1) increase, by any means whatsoever, -the number of connections supported by the Software and licensed to -You or support more than one connection or user through a single -connection; (2) reverse engineer, decompile, or disassemble the -Software except and only to the extent it is expressly permitted by -applicable law; (3) modify, alter, rent, timeshare or lease the -Software or sublicense any of Your rights under this Agreement; or -(4) transfer the Software or Your license rights under this -Agreement, in whole or in part. +License Restrictions. Novell reserves all rights not expressly granted to You. +You may not: (1) increase, by any means whatsoever, the number of connections +supported by the Software and licensed to You or support more than one +connection or user through a single connection; (2) reverse engineer, +decompile, or disassemble the Software except and only to the extent it is +expressly permitted by applicable law; (3) modify, alter, rent, timeshare or +lease the Software or sublicense any of Your rights under this Agreement; or +(4) transfer the Software or Your license rights under this Agreement, in whole +or in part. -Suite Licenses. If Your license to use the Software is for a suite -of products, then only one user may use all products in the suite -(unless otherwise indicated by the Software). The suite license does -not allow use of individual products in the suite by multiple users. +Suite Licenses. If Your license to use the Software is for a suite of +products, then only one user may use all products in the suite (unless +otherwise indicated by the Software). The suite license does not allow use of +individual products in the suite by multiple users. -Upgrade License. This section applies to You if the Software is an -upgrade version or is provided to You as an upgrade. "Original -Product" means the product from which You are upgrading. You are -authorized to use the Software only if You are the sole and original, -authorized user of the Original Product and You meet the following -conditions: (1) You have acquired the right to use the Software -solely to replace the Original Product that You acquired legally and -that qualified to be upgraded with the Software under the Novell -policies existing at the time You acquired the Software; (2) You -installed and used the Original Product in accordance with the terms -and conditions of the applicable license agreement; (3) At the time -You acquired the Original Product, You acquired a complete and -authentic copy of the Original Product, including all disks and -manuals, and not simply a master or license disk; (4) You have not -acquired the Original Product as scrap or through a second hand -purchase from a dealer, distributor or another end user; (5) You will -permanently discontinue use of the Original Product within sixty (60) -days of installation of the Software; and (6) You will not sell or -otherwise transfer possession of the Original Product. +Upgrade License. This section applies to You if the Software is an upgrade +version or is provided to You as an upgrade. "Original Product" means the +product from which You are upgrading. You are authorized to use the Software +only if You are the sole and original, authorized user of the Original Product +and You meet the following conditions: (1) You have acquired the right to use +the Software solely to replace the Original Product that You acquired legally +and that qualified to be upgraded with the Software under the Novell policies +existing at the time You acquired the Software; (2) You installed and used the +Original Product in accordance with the terms and conditions of the applicable +license agreement; (3) At the time You acquired the Original Product, You +acquired a complete and authentic copy of the Original Product, including all +disks and manuals, and not simply a master or license disk; (4) You have not +acquired the Original Product as scrap or through a second hand purchase from a +dealer, +distributor or another end user; (5) You will permanently discontinue use of +the Original Product within sixty (60) days of installation of the Software; +and (6) You will not sell or otherwise transfer possession of the Original +Product. -Additive License. This section applies to You if You are acquiring -the Software to add additional users or servers to a previously -acquired product (referred to below as the "Base Product"). You are -authorized to use the Software only if You are the sole and original, -authorized user of the Base Product and You meet the following -conditions: (1) You have acquired the right to use this Software -solely to add additional users or servers to the Base Product that -You acquired legally; (2) At the time You acquired the Base Product, -You acquired a complete and authentic copy of the Base Product, -including all disks and manuals, and not simply a master or license -disk; and (3) You have not acquired the Base Product as scrap or -through a second hand purchase from a dealer, distributor or another -end user. +Additive License. This section applies to You if You are acquiring the Software +to add additional users or servers to a previously acquired product (referred +to below as the "Base Product"). You are authorized to use the Software only if +You are the sole and original, authorized user of the Base Product and You meet +the following conditions: (1) You have acquired the right to use this Software +solely to add additional users or servers to the Base Product that You acquired +legally; (2) At the time You acquired the Base Product, You acquired a complete +and authentic copy of the Base Product, including all disks and manuals, and +not simply a master or license disk; and (3) You have not acquired the Base +Product as scrap or through a second hand purchase from a dealer, distributor +or another end user. -Commercial Public Service Restriction. The Software is licensed for -Your internal use only. If You are a provider of internet services, -remote or hosted management services or information technology -outsourcing services, this Agreement does not permit You to use the -Software for providing such services. If You would like to use the -Software for any such purposes, You must obtain a separate license -from Novell. For more information, see http://www.novell.com/internet. +Commercial Public Service Restriction. The Software is licensed for Your +internal use only. If You are a provider of internet services, remote or hosted +management services or information technology outsourcing services, this +Agreement does not permit You to use the Software for providing such services. +If You would like to use the Software for any such purposes, You must obtain a +separate license from Novell. For more information, see +http://www.novell.com/internet. -Support. Novell has no obligation to provide support for the -Software. For more information on Novell's current support offerings, -see http://support.novell.com. +Support. Novell has no obligation to provide support for the Software. For more +information on Novell's current support offerings, see +http://support.novell.com. OWNERSHIP RIGHTS -No title to or ownership of the Software is transferred to You. -Novell and/or its licensors owns and retains all title and ownership -of all intellectual property rights in the Software, including any -adaptations or copies. You acquire only a license to use the Software. +No title to or ownership of the Software is transferred to You. Novell and/or +its licensors owns and retains all title and ownership of all intellectual +property rights in the Software, including any adaptations or copies. You +acquire only a license to use the Software. LIMITED WARRANTY -For ninety (90) days from Your date of purchase, Novell warrants that -(1) any media on which the Software is delivered is free from -physical defects; and (2) the Software will substantially conform to -the documentation accompanying the Software. If the defective items -are returned to Novell or if You report the nonconformity to Novell -within ninety (90) days from the date of purchase, Novell will at its -sole discretion either resolve the nonconformity or refund the -license fees You paid for the Software. Any misuse or unauthorized -modification of the Software voids this warranty. THE FOREGOING -WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL -OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does -not apply to Software provided free of charge. SUCH SOFTWARE IS -PROVIDED ?AS IS? WITHOUT ANY WARRANTIES OF ANY KIND.) +For ninety (90) days from Your date of purchase, Novell warrants that (1) any +media on which the Software is delivered is free from physical defects; and (2) +the Software will substantially conform to the documentation accompanying the +Software. If the defective items are returned to Novell or if You report the +nonconformity to Novell within ninety (90) days from the date of purchase, +Novell will at its sole discretion either resolve the nonconformity or refund +the license fees You paid for the Software. Any misuse or unauthorized +modification of the Software voids this warranty. THE FOREGOING WARRANTY IS +YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS +OR IMPLIED. (The foregoing warranty does not apply to Software provided free of +charge. SUCH SOFTWARE IS PROVIDED ?AS IS? WITHOUT ANY WARRANTIES OF ANY KIND.) -THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR -DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS -REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR -FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, -DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH -FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL -INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. +THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION +WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE +PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT +NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, +WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD +DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. -THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING -SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. -Call Novell or Your dealer for information about compatibility. +THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. +THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your +dealer for information about compatibility. -Non-Novell Products. The Software may include or be bundled with -hardware or other software programs licensed or sold by a vendor -other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY -SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE -FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT VENDOR IN -ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY. +Non-Novell Products. The Software may include or be bundled with hardware or +other software programs licensed or sold by a vendor other than Novell. NOVELL +DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS +IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE +PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY. -EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES -ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF -MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR -PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT -EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT -THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE -OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions -do not allow certain disclaimers and limitations of warranties, so -portions of the above limitations may not apply to You. This limited -warranty gives You specific rights and You may also have other rights -which vary from state to state. +EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND +ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, +NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO +WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED +WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR +REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some +jurisdictions do not allow certain disclaimers and limitations of warranties, +so portions of the above limitations may not apply to You. This limited +warranty gives You specific rights and You may also have other rights which +vary from state to state. LIMITATION OF LIABILITY (a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, -SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY -SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR -PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE -SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR -DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. -(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR -DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A -SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE -SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED -THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations -will not apply to claims relating to death or personal injury. In -those jurisdictions that do not allow the exclusion or limitation of -damages, Novell's liability shall be limited or excluded to the -maximum extent allowed within those jurisdictions. +SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, +INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING +OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT +LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE +POSSIBILITY OF THOSE DAMAGES. +(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT +DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF +INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF +WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF +CHARGE]. The above exclusions and limitations will not apply to claims +relating to death or personal injury. In those jurisdictions that do not allow +the exclusion or limitation of damages, Novell's liability shall be limited or +excluded to the maximum extent allowed within those jurisdictions. GENERAL TERMS -Term. This Agreement becomes effective on the date You legally -acquire the Software and will automatically terminate if You breach -any of its terms. Upon termination of this Agreement, You must -destroy the original and all copies of the Software or return them to -Novell and delete the Software from Your systems. -Transfer. This Agreement may not be transferred or assigned without -the prior written approval of Novell. -Law and Jurisdiction. This Agreement is governed by the laws of the -State of Utah, U.S. Any action at law relating to this Agreement may -only be brought before the courts of competent jurisdiction of the -State of Utah. If, however, Your country of principal residence is a -member state of the European Union or the European Free Trade -Association, this Agreement is governed by the laws of that country, -and any action at law may only be brought before a court of competent -jurisdiction of that country. -Entire Agreement. This Agreement and the Upgrade/Additive Agreement -(if applicable) sets forth the entire understanding and agreement -between You and Novell and may be amended only in a writing signed by -both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, -SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR -TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN -ADDITION TO, THE TERMS OF THIS AGREEMENT. -Waiver. No waiver of any right under this Agreement will be effective -unless in writing, signed by a duly authorized representative of the -party to be bound. No waiver of any past or present right arising -from any breach or failure to perform will be deemed to be a waiver -of any future right arising under this Agreement. -Severability. If any provision in this Agreement is invalid or -unenforceable, that provision will be construed, limited, modified -or, if necessary, severed, to the extent necessary, to eliminate its -invalidity or unenforceability, and the other provisions of this -Agreement will remain unaffected. -Export. You agree to comply with any international and national laws -that apply to the Software and other Confidential Information, -including the United States of America Export Administration -Regulations, as well as any end-user and country-destination -restrictions issued by the U.S. and other governments. Please refer -to Export Matrix for Novell Products for more information on -exporting the Software. You can download a copy from the following -web site: http://www.novell.com/info/exports/matrix.html or You can -obtain a copy from Your local Novell office. -U.S. Government Restricted Rights. Use, duplication, or disclosure by -the U.S. Government is subject to the restrictions in FAR 52.227-14 -(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or -DFARS 252.227-7013 (b)(3) (Nov 1995), or applicable successor -clauses. Contractor/ Manufacturer is Novell, Inc., 1800 South Novell -Place, Provo, Utah 84606. -Other. The application of the United Nations Convention of Contracts -for the International Sale of Goods is expressly excluded. +Term. This Agreement becomes effective on the date You legally acquire the +Software and will automatically terminate if You breach any of its terms. Upon +termination of this Agreement, You must destroy the original and all copies of +the Software or return them to Novell and delete the Software from Your +systems. +Transfer. This Agreement may not be transferred or assigned without the prior +written approval of Novell. +Law and Jurisdiction. This Agreement is governed by the laws of the State of +Utah, U.S. Any action at law relating to this Agreement may only be brought +before the courts of competent jurisdiction of the State of Utah. If, however, +Your country of principal residence is a member state of the European Union or +the European Free Trade Association, this Agreement is governed by the laws of +that country, and any action at law may only be brought before a court of +competent jurisdiction of that country. +Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if +applicable) sets forth the entire understanding and agreement between You and +Novell and may be amended only in a writing signed by both parties. NO VENDOR, +DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS +AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE +THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. +Waiver. No waiver of any right under this Agreement will be effective unless in +writing, signed by a duly authorized representative of the party to be bound. +No waiver of any past or present right arising from any breach or failure to +perform will be deemed to be a waiver of any future right arising under this +Agreement. +Severability. If any provision in this Agreement is invalid or unenforceable, +that provision will be construed, limited, modified or, if necessary, severed, +to the extent necessary, to eliminate its invalidity or unenforceability, and +the other provisions of this Agreement will remain unaffected. +Export. You agree to comply with any international and national laws that apply +to the Software and other Confidential Information, including the United States +of America Export Administration Regulations, as well as any end-user and +country-destination restrictions issued by the U.S. and other governments. +Please refer to Export Matrix for Novell Products for more information on +exporting the Software. You can download a copy from the following web site: +http://www.novell.com/info/exports/matrix.html or You can obtain a copy from +Your local Novell office. +U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. +Government is subject to the restrictions in FAR 52.227-14 (June 1987) +Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 +(b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is +Novell, Inc., 1800 South Novell Place, Provo, Utah 84606. +Other. The application of the United Nations Convention of Contracts for the +International Sale of Goods is expressly excluded. (c)1993, 2001 Novell, Inc. All Rights Reserved. -Novell is a registered trademark and ConsoleOne and eDirectory are -trademarks of Novell, Inc. in the United States and other countries. +Novell is a registered trademark and ConsoleOne and eDirectory are trademarks +of Novell, Inc. in the United States and other countries. diff --git a/licenses/Novell-Messenger-22 b/licenses/Novell-Messenger-22 index 26781711..d7fd4c7f 100644 --- a/licenses/Novell-Messenger-22 +++ b/licenses/Novell-Messenger-22 @@ -1,292 +1,262 @@ Novell® Messenger 2.2 Novell Software License Agreement -PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR -OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS -AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, -INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE -UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE -SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT -AS AUTHORIZED BY NOVELL. +PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE +USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT +AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF +APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT +FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER +DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. -This Novell Software License Agreement (“Agreement”) is a legal -agreement between You (an entity or a person) and Novell, Inc. -(“Novell”). The software product identified in the title of this -Agreement for which You have acquired licenses, any media and -accompanying documentation (collectively the “Software”) is -protected by the copyright laws and treaties of the United States -(“U.S.”) and other countries and is subject to the terms of this -Agreement. Any update or support release to the Software that You -may download or receive that is not accompanied by a license -agreement expressly superseding this Agreement is Software and -governed by this Agreement. If the Software is an update or support -release, then You must have validly licensed the version and quantity -of the Software being updated or supported in order to install or use -the update or support release. +This Novell Software License Agreement (“Agreement”) is a legal agreement +between You (an entity or a person) and Novell, Inc. (“Novell”). The +software product identified in the title of this Agreement for which You have +acquired licenses, any media and accompanying documentation (collectively the +“Software”) is protected by the copyright laws and treaties of the United +States (“U.S.”) and other countries and is subject to the terms of this +Agreement. Any update or support release to the Software that You may download +or receive that is not accompanied by a license agreement expressly superseding +this Agreement is Software and governed by this Agreement. If the Software is +an update or support release, then You must have validly licensed the version +and quantity of the Software being updated or supported in order to install or +use the update or support release. -The Software may include or be bundled with other software programs -licensed under different terms and/or licensed by a licensor other -than Novell. Use of any software programs accompanied by a separate -license agreement is governed by that separate license agreement. -Any third party software that may be provided with the Software is -included for use at Your option. +The Software may include or be bundled with other software programs licensed +under different terms and/or licensed by a licensor other than Novell. Use of +any software programs accompanied by a separate license agreement is governed +by that separate license agreement. Any third party software that may be +provided with the Software is included for use at Your option. LICENSED USE Commercial Software. -"User" means a user object in a single directory tree (or other class -of object that contains data representing a person, such as objects -containing credit card information or PIN numbers) that has (a) -access or use rights to any portion of the Software, or (b) access or -use rights to products (devices, hardware, or software) being managed -by the Software, regardless of whether the user object is assigned to -a person or device. User objects (or other classes of objects) -representing the same person that are linked to each other within a -single tree and/or linked across multiple trees count as only one -User. Each person who accesses or uses the Software must have at -least one user object uniquely assigned to that person and access the -Software through the user object. +"User" means a user object in a single directory tree (or other class of object +that contains data representing a person, such as objects containing credit +card information or PIN numbers) that has (a) access or use rights to any +portion of the Software, or (b) access or use rights to products (devices, +hardware, or software) being managed by the Software, regardless of whether the +user object is assigned to a person or device. User objects (or other classes +of objects) representing the same person that are linked to each other within a +single tree and/or linked across multiple trees count as only one User. Each +person who accesses or uses the Software must have at least one user object +uniquely assigned to that person and access the Software through the user +object. -You must have a valid Novell GroupWise® 7 or Novell Vibe™ OnPrem 3 -(or subsequent version) user license for each User of the Software. -The Software may only be used by a User with a qualifying Novell -GroupWise or Novell Vibe OnPrem software license. +You must have a valid Novell GroupWise® 7 or Novell Vibe™ OnPrem 3 (or +subsequent version) user license for each User of the Software. The Software +may only be used by a User with a qualifying Novell GroupWise or Novell Vibe +OnPrem software license. -Evaluation Software. If the Software is an evaluation version or is -provided to You for evaluation purposes, then Your license to use the -Software is limited solely to internal evaluation purposes and in -accordance with the terms of the evaluation offering under which You -received the Software and expires 90 days from installation (or such -other period as may be indicated within the Software). Upon -expiration of the evaluation period, You must discontinue use of the -Software, return to an original state any actions performed by the -Software, and delete the Software entirely from Your system. The -Software may contain an automatic disabling mechanism that prevents -its use after a certain period of time, so You should back up Your -system and take other measures to prevent any loss of files or data. +Evaluation Software. If the Software is an evaluation version or is provided +to You for evaluation purposes, then Your license to use the Software is +limited solely to internal evaluation purposes and in accordance with the terms +of the evaluation offering under which You received the Software and expires 90 +days from installation (or such other period as may be indicated within the +Software). Upon expiration of the evaluation period, You must discontinue use +of the Software, return to an original state any actions performed by the +Software, and delete the Software entirely from Your system. The Software may +contain an automatic disabling mechanism that prevents its use after a certain +period of time, so You should back up Your system and take other measures to +prevent any loss of files or data. RESTRICTIONS -License Restrictions. Novell reserves all rights not expressly -granted to You. The Software is licensed for Your internal use only. - You may not (1) reverse engineer, decompile, or disassemble the -Software except and only to the extent it is expressly permitted by -applicable law; (2) modify, alter, rent, timeshare host or lease the -Software or sublicense any of Your rights under this Agreement; or -(3) transfer the Software or Your license rights under this +License Restrictions. Novell reserves all rights not expressly granted to You. + The Software is licensed for Your internal use only. You may not (1) reverse +engineer, decompile, or disassemble the Software except and only to the extent +it is expressly permitted by applicable law; (2) modify, alter, rent, timeshare +host or lease the Software or sublicense any of Your rights under this +Agreement; or (3) transfer the Software or Your license rights under this Agreement, in whole or in part, without written permission by Novell. -Suite Licenses. If Your license to use the Software is for a suite -of products, then for each license only one user may use the products -in the suite. The suite license does not allow use of individual -products in the suite by multiple users if licensed on a user basis -or multiple devices if licensed on a device or server basis. +Suite Licenses. If Your license to use the Software is for a suite of +products, then for each license only one user may use the products in the +suite. The suite license does not allow use of individual products in the +suite by multiple users if licensed on a user basis or multiple devices if +licensed on a device or server basis. -Upgrade Protection. If You purchased upgrade protection or -maintenance under a Novell program for this Software, the upgrade -protection or maintenance only entitles You to upgrades of the -Software as a whole and does not entitle You to upgrades of any -component programs or products bundled with the Software or any -individual products included in a suite if the Software is licensed -as a suite of products. You may separately purchase upgrade -protection for individual components of the Software if permitted by -the applicable Novell policies and programs. +Upgrade Protection. If You purchased upgrade protection or maintenance under a +Novell program for this Software, the upgrade protection or maintenance only +entitles You to upgrades of the Software as a whole and does not entitle You to +upgrades of any component programs or products bundled with the Software or any +individual products included in a suite if the Software is licensed as a suite +of products. You may separately purchase upgrade protection for individual +components of the Software if permitted by the applicable Novell policies and +programs. -Upgrade Software. This section applies to You if You have purchased -the Software based upon upgrade pricing. “Original Product” means -the product from which You are upgrading. You are authorized to use -the Software only if You are the authorized user of the Original -Product and You meet the following conditions: (1) You have acquired -the right to use the Software solely to replace the Original Product -that You acquired legally and that is qualified to be upgraded with -the Software under the Novell policies existing at the time You -acquired the Software; (2) You installed and used the Original -Product in accordance with the terms and conditions of the applicable -license agreement; and (3) You will not sell or otherwise transfer -possession of the Original Product. +Upgrade Software. This section applies to You if You have purchased the +Software based upon upgrade pricing. “Original Product” means the product +from which You are upgrading. You are authorized to use the Software only if +You are the authorized user of the Original Product and You meet the following +conditions: (1) You have acquired the right to use the Software solely to +replace the Original Product that You acquired legally and that is qualified to +be upgraded with the Software under the Novell policies existing at the time +You acquired the Software; (2) You installed and used the Original Product in +accordance with the terms and conditions of the applicable license agreement; +and (3) You will not sell or otherwise transfer possession of the Original +Product. -Support. Novell has no obligation to provide support unless You -purchase an offering that expressly includes support services. If -You make such a purchase and no separate agreement specifically -applies to the support services, then the terms of this Agreement -will govern the provision of such support services (“Services”). -For more information on Novell's current support offerings, see -http://www.novell.com/support. +Support. Novell has no obligation to provide support unless You purchase an +offering that expressly includes support services. If You make such a purchase +and no separate agreement specifically applies to the support services, then +the terms of this Agreement will govern the provision of such support services +(“Services”). For more information on Novell's current support offerings, +see http://www.novell.com/support. OWNERSHIP -No title to or ownership of the Software is transferred to You. -Novell and/or its licensors retain all right, title and interest in -and to all intellectual property rights in the Software and Services, -including any adaptations or copies thereof. You acquire only a -conditional license to use the Software. +No title to or ownership of the Software is transferred to You. Novell and/or +its licensors retain all right, title and interest in and to all intellectual +property rights in the Software and Services, including any adaptations or +copies thereof. You acquire only a conditional license to use the Software. LIMITED WARRANTY -For ninety (90) days from Your date of purchase, Novell warrants that -(1) any media on which the Software is delivered is free from -physical defects; and (2) the Software will substantially conform to -the documentation accompanying the Software. If the defective items -are returned to Novell or if You report the nonconformity to Novell -within ninety (90) days from the date of purchase, Novell will at its -sole discretion either resolve the nonconformity or refund the -license fees You paid for the Software. Any unauthorized use or -modification to the Software voids this warranty. THE FOREGOING -WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL -OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does -not apply to Software provided free of charge. SUCH SOFTWARE IS -PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.) +For ninety (90) days from Your date of purchase, Novell warrants that (1) any +media on which the Software is delivered is free from physical defects; and (2) +the Software will substantially conform to the documentation accompanying the +Software. If the defective items are returned to Novell or if You report the +nonconformity to Novell within ninety (90) days from the date of purchase, +Novell will at its sole discretion either resolve the nonconformity or refund +the license fees You paid for the Software. Any unauthorized use or +modification to the Software voids this warranty. THE FOREGOING WARRANTY IS +YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS +OR IMPLIED. (The foregoing warranty does not apply to Software provided free +of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY +KIND.) -Services. Novell warrants that any Services purchased will be -supplied in a professional manner in accordance with generally -accepted industry standards. This warranty will be effective for -ninety (90) days following delivery of the Services. Upon any breach -of this warranty, NovellÂ’s only obligation is to either correct the -Services so that they comply with this warranty or at its option -refund the amount You paid to Novell for the portion of the Services -that fail to comply with this warranty. As files may be altered or -damaged in the course of Novell providing technical services, You -agree to take appropriate measures to isolate and back up Your -systems. +Services. Novell warrants that any Services purchased will be supplied in a +professional manner in accordance with generally accepted industry standards. +This warranty will be effective for ninety (90) days following delivery of the +Services. Upon any breach of this warranty, NovellÂ’s only obligation is to +either correct the Services so that they comply with this warranty or at its +option refund the amount You paid to Novell for the portion of the Services +that fail to comply with this warranty. As files may be altered or damaged in +the course of Novell providing technical services, You agree to take +appropriate measures to isolate and back up Your systems. -THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR -DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS -REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR -FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, -DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH -FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL -INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. +THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION +WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE +PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT +NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, +WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD +DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. -THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING -SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. -Call Novell or Your reseller for information about compatibility. +THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. +THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your +reseller for information about compatibility. -Non-Novell Products. The Software may include or be bundled with -hardware or other software programs or services licensed or sold by -an entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL -PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON -AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-NOVELL PRODUCTS -IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE -LICENSOR WARRANTY. +Non-Novell Products. The Software may include or be bundled with hardware or +other software programs or services licensed or sold by an entity other than +Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH +PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF +ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE +WITH THE APPLICABLE LICENSOR WARRANTY. -EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES -ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR -NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, REPRESENTATION OR -PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL -DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR -REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL -BE UNINTERRUPTED. Some jurisdictions do not allow certain -disclaimers and limitations of warranties, so portions of the above -limitations may not apply to You. This limited warranty gives You -specific rights and You may also have other rights which vary by -state or jurisdiction. +EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND +ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR +A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, +REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. +NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR +REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE +UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and +limitations of warranties, so portions of the above limitations may not apply +to You. This limited warranty gives You specific rights and You may also have +other rights which vary by state or jurisdiction. LIMITATION OF LIABILITY -Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, -SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY -SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR -PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE -SOFTWARE OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, -BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. -Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR -DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A -SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE -SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF -YOU RECEIVED THE SOFTWARE FREE OF CHARGE). The above exclusions and -limitations will not apply to claims relating to death or personal -injury. In those jurisdictions that do not allow the exclusion or -limitation of damages, Novell's liability shall be limited or -excluded to the maximum extent allowed within those jurisdictions. +Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, +OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, +CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE +USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT +LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE +POSSIBILITY OF THOSE DAMAGES. +Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT +DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF +INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR +SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE +SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply +to claims relating to death or personal injury. In those jurisdictions that do +not allow the exclusion or limitation of damages, Novell's liability shall be +limited or excluded to the maximum extent allowed within those jurisdictions. GENERAL TERMS -Term. This Agreement becomes effective on the date You legally -acquire the Software and will automatically terminate if You breach -any of its terms. If the Software is provided to You on a -subscription basis, then Your right to possess or use the Software -will terminate at the end of the applicable subscription period. -Upon termination of this Agreement or any applicable subscription -period, You must destroy the original and all copies of the Software -or return them to Novell and delete the Software from Your systems. -Benchmark Testing. This benchmark testing restriction applies to You -if You are a software developer or licensor or if You are performing -testing on the Software at the direction of or on behalf of a -software developer or licensor. You may not, without Novell's prior -written consent not to be unreasonably withheld, publish or disclose -to any third party the results of any benchmark test of the Software. - If You are a licensor of products that are functionally similar to -or compete with the Software (“Similar Products”), or are acting on -behalf of such a licensor, and You publish or disclose benchmark -information on the Software in violation of this restriction, then -notwithstanding anything to the contrary in the Similar Product's end -user license agreement, and in addition to any other remedies Novell -may have, Novell shall have the right to perform benchmark testing on -Similar Products and to disclose and publish that benchmark -information and You hereby represent that You have authority to grant +Term. This Agreement becomes effective on the date You legally acquire the +Software and will automatically terminate if You breach any of its terms. If +the Software is provided to You on a subscription basis, then Your right to +possess or use the Software will terminate at the end of the applicable +subscription period. Upon termination of this Agreement or any applicable +subscription period, You must destroy the original and all copies of the +Software or return them to Novell and delete the Software from Your systems. +Benchmark Testing. This benchmark testing restriction applies to You if You +are a software developer or licensor or if You are performing testing on the +Software at the direction of or on behalf of a software developer or licensor. +You may not, without Novell's prior written consent not to be unreasonably +withheld, publish or disclose to any third party the results of any benchmark +test of the Software. If You are a licensor of products that are functionally +similar to or compete with the Software (“Similar Products”), or are acting +on behalf of such a licensor, and You publish or disclose benchmark information +on the Software in violation of this restriction, then notwithstanding anything +to the contrary in the Similar Product's end user license agreement, and in +addition to any other remedies Novell may have, Novell shall have the right to +perform benchmark testing on Similar Products and to disclose and publish that +benchmark information and You hereby represent that You have authority to grant such right to Novell. -Open Source. Nothing in this Agreement shall restrict, limit or -otherwise affect any rights or obligations You may have, or -conditions to which You may be subject, under any applicable open -source licenses to any open source code contained in the Software. -Transfer. This Agreement may not be transferred or assigned without -the prior written approval of Novell. -Law and Jurisdiction. This Agreement is governed by the laws of the -State of Utah, U.S. Any action at law relating to this Agreement may -only be brought before the courts of competent jurisdiction of the -State of Utah. If, however, Your country of principal residence is a -member state of the European Union or the European Free Trade -Association, this Agreement is governed by the laws of that country, -and any action at law may only be brought before a court of competent -jurisdiction of that country. -Entire Agreement. This Agreement sets forth the entire understanding -and agreement between You and Novell and may be amended or modified -only by a written agreement agreed to by You and an authorized -representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER, -RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY -THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS -DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. -Waiver. No waiver of any right under this Agreement will be -effective unless in writing, signed by a duly authorized -representative of the party to be bound. No waiver of any past or -present right arising from any breach or failure to perform will be -deemed to be a waiver of any future right arising under this -Agreement. -Severability. If any provision in this Agreement is invalid or -unenforceable, that provision will be construed, limited, modified -or, if necessary, severed, to the extent necessary, to eliminate its -invalidity or unenforceability, and the other provisions of this -Agreement will remain unaffected. -Export Compliance. Any products or technical information provided -under this Agreement may be subject to U.S. export controls and the -trade laws of other countries. The parties agree to comply with all -export control regulations and to obtain any required licenses or -classification to export, re-export or import deliverables. The -parties agree not to export or re-export to entities on the current -U.S. export exclusion lists or to any embargoed or terrorist -countries as specified in the U.S. export laws. The parties will not -use deliverables for prohibited nuclear, missile, or chemical -biological weaponry end uses. Please consult the Bureau of Industry -and Security web page www.bis.doc.gov before exporting Novell -products from the U.S. Please refer to -http://www.novell.com/company/legal/ for more information on -exporting Novell software. Upon request, Novell will provide You -specific information regarding applicable restrictions. However, -Novell assumes no responsibility for Your failure to obtain any -necessary export approvals. -U.S. Government Restricted Rights. Use, duplication, or disclosure -by the U.S. Government is subject to the restrictions in FAR -52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June -1987), or DFARS 252.227-7013 (b) (3) (Nov 1995), or applicable -successor clauses. Contractor/Manufacturer is Novell, Inc., 1800 -South Novell Place, Provo, Utah 84606. -Other. The application of the United Nations Convention of Contracts -for the International Sale of Goods is expressly excluded. +Open Source. Nothing in this Agreement shall restrict, limit or otherwise +affect any rights or obligations You may have, or conditions to which You may +be subject, under any applicable open source licenses to any open source code +contained in the Software. +Transfer. This Agreement may not be transferred or assigned without the prior +written approval of Novell. +Law and Jurisdiction. This Agreement is governed by the laws of the State of +Utah, U.S. Any action at law relating to this Agreement may only be brought +before the courts of competent jurisdiction of the State of Utah. If, however, +Your country of principal residence is a member state of the European Union or +the European Free Trade Association, this Agreement is governed by the laws of +that country, and any action at law may only be brought before a court of +competent jurisdiction of that country. +Entire Agreement. This Agreement sets forth the entire understanding and +agreement between You and Novell and may be amended or modified only by a +written agreement agreed to by You and an authorized representative of Novell. +NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE +IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE +THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. +Waiver. No waiver of any right under this Agreement will be effective unless +in writing, signed by a duly authorized representative of the party to be +bound. No waiver of any past or present right arising from any breach or +failure to perform will be deemed to be a waiver of any future right arising +under this Agreement. +Severability. If any provision in this Agreement is invalid or unenforceable, +that provision will be construed, limited, modified or, if necessary, severed, +to the extent necessary, to eliminate its invalidity or unenforceability, and +the other provisions of this Agreement will remain unaffected. +Export Compliance. Any products or technical information provided under this +Agreement may be subject to U.S. export controls and the trade laws of other +countries. The parties agree to comply with all export control regulations and +to obtain any required licenses or classification to export, re-export or +import deliverables. The parties agree not to export or re-export to entities +on the current U.S. export exclusion lists or to any embargoed or terrorist +countries as specified in the U.S. export laws. The parties will not use +deliverables for prohibited nuclear, missile, or chemical biological weaponry +end uses. Please consult the Bureau of Industry and Security web page +www.bis.doc.gov before exporting Novell products from the U.S. Please refer to +http://www.novell.com/company/legal/ for more information on exporting Novell +software. Upon request, Novell will provide You specific information regarding +applicable restrictions. However, Novell assumes no responsibility for Your +failure to obtain any necessary export approvals. +U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. +Government is subject to the restrictions in FAR 52.227-14 (June 1987) +Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) +(3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is +Novell, Inc., 1800 South Novell Place, Provo, Utah 84606. +Other. The application of the United Nations Convention of Contracts for the +International Sale of Goods is expressly excluded. © 1993, 2000-2010 Novell, Inc. All Rights Reserved. (111510) -Novell and GroupWise are registered trademarks and Novell Vibe is a -trademark of Novell, Inc. in the United States and other countries. +Novell and GroupWise are registered trademarks and Novell Vibe is a trademark +of Novell, Inc. in the United States and other countries. diff --git a/licenses/Novell-eDir-87 b/licenses/Novell-eDir-87 index 76272d75..e4dba2d1 100644 --- a/licenses/Novell-eDir-87 +++ b/licenses/Novell-eDir-87 @@ -1,288 +1,292 @@ -Novell(r) eDirectory(tm) 8.7 Novell Software License Agreement +Novell(r) eDirectory(tm) 8.7 +Novell Software License Agreement -PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE -SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH -THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT -BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. +PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE +SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH +THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT +BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL. -This Novell Software License Agreement ("Agreement") is a legal agreement -between You (an entity or a person) and Novell, Inc. ("Novell"). However, -if You obtained the Software in Europe, the Middle-East or Africa, any -license under this Agreement is granted to You by, or on behalf of, Novell -Ireland Software Limited. The software product identified in the title of -this Agreement, media (if any) and accompanying documentation (collectively -the "Software") is protected by the copyright laws and treaties of the -United States ("U.S.") and other countries and is subject to the terms -of this Agreement. If You do not agree with the terms of this Agreement, -do not download, install or otherwise use the Software and, if applicable, -return the entire unused package to the reseller with Your receipt for a -refund. The Software is licensed to You, not sold. +This Novell Software License Agreement ("Agreement") is a legal agreement +between You (an entity or a person) and Novell, Inc. ("Novell"). However, if +You obtained the Software in Europe, the Middle-East or Africa, any license +under this Agreement is granted to You by, or on behalf of, Novell Ireland +Software Limited. The software product identified in the title of this +Agreement, media (if any) and accompanying documentation (collectively the +"Software") is protected by the copyright laws and treaties of the United +States ("U.S.") and other countries and is subject to the terms of this +Agreement. If You do not agree with the terms of this Agreement, do not +download, install or otherwise use the Software and, if applicable, return the +entire unused package to the reseller with Your receipt for a refund. The +Software is licensed to You, not sold. -The Software may include or be bundled with other software programs licensed -under different terms and/or licensed by a vendor other than Novell. Use -of any software programs accompanied by a separate license agreement is -governed by that separate license agreement. Any third party software -that may be provided with the Software is included for use at Your option. -Novell is not responsible for any third party's software and shall have no -liability for Your use of third party software. +The Software may include or be bundled with other software programs licensed +under different terms and/or licensed by a vendor other than Novell. Use of any +software programs accompanied by a separate license agreement is governed by +that separate license agreement. Any third party software that may be provided +with the Software is included for use at Your option. Novell is not +responsible for any third party's software and shall have no liability for Your +use of third party software. LICENSED USE Commercial Software. -"Bundled Offering" is an offering, legally distributed by a third party, -comprised of the Software distributed in combination or association with a +"Bundled Offering" is an offering, legally distributed by a third party, +comprised of the Software distributed in combination or association with a product of that third party (referred to hereafter as the "Bundled Product"). -"Server Software" means the components of the Software that operate on a -central processing unit (CPU), or group of CPUs, and that provide access to -shared resources. +"Server Software" means the components of the Software that operate on a +central processing unit (CPU), or group of CPUs, and that provide access to +shared resources. -"Client Software" means the components of the Software that permit access -to Server Software from another device. +"Client Software" means the components of the Software that permit access to +Server Software from another device. -"User" means a user object in a single directory tree (or other class of -object that contains data representing a person, such as objects containing -credit card information or PIN numbers) that has (a) access or use rights -to any portion of the Software, or (b) access or use rights to products -(devices, hardware, or software) being managed by the Software, regardless -of whether the user object is assigned to a person or device. User objects -(or other classes of objects) representing the same person that are linked -to each other within a single tree and/or linked across multiple trees count -as only one User. +"User" means a user object in a single directory tree (or other class of object +that contains data representing a person, such as objects containing credit +card information or PIN numbers) that has (a) access or use rights to any +portion of the Software, or (b) access or use rights to products (devices, +hardware, or software) being managed by the Software, regardless of whether the +user object is assigned to a person or device. User objects (or other classes +of objects) representing the same person that are linked to each other within a +single tree and/or linked across multiple trees count as only one User. Licenses. -One of the following licenses applies depending on which software You -acquired. Client Software may be used only to access Server Software or other -Novell software. Use of any software programs accompanied by a separate -license agreement shall be governed by that separate license agreement. +One of the following licenses applies depending on which software You acquired. +Client Software may be used only to access Server Software or other Novell +software. Use of any software programs accompanied by a separate license +agreement shall be governed by that separate license agreement. -Novell eDirectory License (Bundled Offering with non-Novell products). This -license grant applies to You if the Software is Novell eDirectory and You -acquired the Software as part of a Bundled Offering. Subject to the terms -and conditions of this Agreement, Novell grants to You a non-exclusive, -non-transferable right to internally make, distribute, and use within Your -company an unlimited number of copies of the Software, provided that the -aggregate number of Users within Your company does not exceed 250,000 Users. -Each person who accesses or uses the Software must have at least one user -object uniquely assigned to that person and access the Software through the -user object. These licenses are not upgradeable. Regardless of how many -copies of Novell eDirectory You receive as part of this Bundled Offering or -other Bundled Offerings, Your use of Novell eDirectory licenses granted as -part of a Bundled Offering with non-Novell products is limited to 250,000 -licenses per company. You must acquire a Novell eDirectory license (other -than as part of a Bundled Offering) for each User in excess of 250,000 Users. +Novell eDirectory License (Bundled Offering with non-Novell products). This +license grant applies to You if the Software is Novell eDirectory and You +acquired the Software as part of a Bundled Offering. Subject to the terms and +conditions of this Agreement, Novell grants to You a non-exclusive, +non-transferable right to internally make, distribute, and use within Your +company an unlimited number of copies of the Software, provided that the +aggregate number of Users within Your company does not exceed 250,000 Users. +Each person who accesses or uses the Software must have at least one user +object uniquely assigned to that person and access the Software through the +user object. These licenses are not upgradeable. Regardless of how many +copies of Novell eDirectory You receive as part of this Bundled Offering or +other Bundled Offerings, Your use of Novell eDirectory licenses granted as part +of a Bundled Offering with non-Novell products is limited to 250,000 licenses +per company. You must acquire a Novell eDirectory license (other than as part +of a Bundled Offering) for each User in excess of 250,000 Users. + +Novell eDirectory License (Not As Bundled Offering). This license grant +applies to You if the Software is Novell eDirectory and You did not acquire the +Software as part of a Bundled Offering. Subject to the terms and conditions of +this Agreement, Novell grants to You a non-exclusive, non-transferable right to +internally make, distribute, and use within Your organization an unlimited +number of copies of the Software, provided that the aggregate number of Users +does not exceed the quantity of user licenses You have legally acquired. Each +person who accesses or uses the Software must have at least one user object +uniquely assigned to that person and access the Software through the user +object. -Novell eDirectory License (Not As Bundled Offering). This license grant -applies to You if the Software is Novell eDirectory and You did not acquire the -Software as part of a Bundled Offering. Subject to the terms and conditions of -this Agreement, Novell grants to You a non-exclusive, non-transferable right -to internally make, distribute, and use within Your organization an unlimited -number of copies of the Software, provided that the aggregate number of Users -does not exceed the quantity of user licenses You have legally acquired. -Each person who accesses or uses the Software must have at least one user -object uniquely assigned to that person and access the Software through the -user object. +Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r) iManager, +Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure +(NICI). You are authorized to install and use the Software identified in this +paragraph internally within Your organization or entity in connection with Your +lawful use of eDirectory. -Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r) iManager, -Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure -(NICI). You are authorized to install and use the Software identified in -this paragraph internally within Your organization or entity in connection -with Your lawful use of eDirectory. +Novell(r) Modular Authentication Services (NMAS(tm)). The quantity of user +licenses for the NMAS Software included with Your purchase of the Novell +eDirectory Software is equal to the number of user licenses You have acquired +for the Novell eDirectory Software. You must have a user license for each User +of the NMAS Software. Each person who accesses or uses the Software must have +at least one user object uniquely assigned to that person and access the +Software through the user object. The foregoing NMAS licenses are also subject +to the license agreement accompanying the NMAS Software, if any. -Novell(r) Modular Authentication Services (NMAS(tm)). The quantity of user -licenses for the NMAS Software included with Your purchase of the Novell -eDirectory Software is equal to the number of user licenses You have acquired -for the Novell eDirectory Software. You must have a user license for each -User of the NMAS Software. Each person who accesses or uses the Software must -have at least one user object uniquely assigned to that person and access -the Software through the user object. The foregoing NMAS licenses are also -subject to the license agreement accompanying the NMAS Software, if any. - -Evaluation Software. If the Software is an evaluation version or is provided -to You for evaluation purposes, then Your license to use the Software is -limited solely to internal evaluation purposes in accordance with the terms -of the evaluation offering under which You received the Software and expires -90 days from installation (or such other period as indicated by the Software) -and the Software may cease to function. Unless otherwise authorized by Novell, -Your license to install and use the Software is limited to the greater of (1) -one copy of the Software, or (2) the smallest stratification in which Novell -sells licenses for the Software. Upon expiration of the evaluation period, -You must discontinue use of the Software and delete the Software entirely -from Your system. The Software may contain an automatic disabling mechanism -that prevents its use after a certain period of time, so You should back up -Your system and take other measures to prevent any loss of files or data. Use -of the Software is entirely at Your own risk. +Evaluation Software. If the Software is an evaluation version or is provided to +You for evaluation purposes, then Your license to use the Software is limited +solely to internal evaluation purposes in accordance with the terms of the +evaluation offering under which You received the Software and expires 90 days +from installation (or such other period as indicated by the Software) and the +Software may cease to function. Unless otherwise authorized by Novell, Your +license to install and use the Software is limited to the greater of (1) one +copy of the Software, or (2) the smallest stratification in which Novell sells +licenses for the Software. Upon expiration of the evaluation period, You must +discontinue use of the Software and delete the Software entirely from Your +system. The Software may contain an automatic disabling mechanism that prevents +its use after a certain period of time, so You should back up Your system and +take other measures to prevent any loss of files or data. Use of the Software +is entirely at Your own risk. RESTRICTIONS -License Restrictions. Novell reserves all rights not expressly granted -to You. You may not: (1) increase, by any means whatsoever, the number of -connections supported by the Software and licensed to You or support more than -one connection or user through a single connection; (2) reverse engineer, -decompile, or disassemble the Software except and only to the extent it is -expressly permitted by applicable law; (3) modify, alter, rent, timeshare or -lease the Software or sublicense any of Your rights under this Agreement; -or (4) transfer the Software or Your license rights under this Agreement, -in whole or in part. +License Restrictions. Novell reserves all rights not expressly granted to You. +You may not: (1) increase, by any means whatsoever, the number of connections +supported by the Software and licensed to You or support more than one +connection or user through a single connection; (2) reverse engineer, +decompile, or disassemble the Software except and only to the extent it is +expressly permitted by applicable law; (3) modify, alter, rent, timeshare or +lease the Software or sublicense any of Your rights under this Agreement; or +(4) transfer the Software or Your license rights under this Agreement, in whole +or in part. -Suite Licenses. If Your license to use the Software is for a suite of -products, then only one user may use all products in the suite (unless -otherwise indicated by the Software). The suite license does not allow use -of individual products in the suite by multiple users. +Suite Licenses. If Your license to use the Software is for a suite of +products, then only one user may use all products in the suite (unless +otherwise indicated by the Software). The suite license does not allow use of +individual products in the suite by multiple users. -Upgrade License. This section applies to You if the Software is an upgrade -version or is provided to You as an upgrade. "Original Product" means the -product from which You are upgrading. You are authorized to use the Software -only if You are the sole and original, authorized user of the Original Product -and You meet the following conditions: (1) You have acquired the right to -use the Software solely to replace the Original Product that You acquired -legally and that qualified to be upgraded with the Software under the Novell -policies existing at the time You acquired the Software; (2) You installed -and used the Original Product in accordance with the terms and conditions of -the applicable license agreement; (3) At the time You acquired the Original -Product, You acquired a complete and authentic copy of the Original Product, -including all disks and manuals, and not simply a master or license disk; -(4) You have not acquired the Original Product as scrap or through a second -hand purchase from a dealer, distributor or another end user; (5) You will -permanently discontinue use of the Original Product within sixty (60) days -of installation of the Software; and (6) You will not sell or otherwise -transfer possession of the Original Product. +Upgrade License. This section applies to You if the Software is an upgrade +version or is provided to You as an upgrade. "Original Product" means the +product from which You are upgrading. You are authorized to use the Software +only if You are the sole and original, authorized user of the Original Product +and You meet the following conditions: (1) You have acquired the right to use +the Software solely to replace the Original Product that You acquired legally +and that qualified to be upgraded with the Software under the Novell policies +existing at the time You acquired the Software; (2) You installed and used the +Original Product in accordance with the terms and conditions of the applicable +license agreement; (3) At the time You acquired the Original Product, You +acquired a complete and authentic copy of the Original Product, including all +disks and manuals, and not simply a master or license disk; (4) You have not +acquired the Original Product as scrap or through a second hand purchase from a +dealer, distributor or another end user; (5) You will permanently discontinue +use of the Original Product within sixty (60) days of installation of the +Software; and (6) You will not sell or otherwise transfer possession of the +Original Product. -Additive License. This section applies to You if You are acquiring the Software -to add additional users or servers to a previously acquired product (referred -to below as the "Base Product"). You are authorized to use the Software only -if You are the sole and original, authorized user of the Base Product and -You meet the following conditions: (1) You have acquired the right to use -this Software solely to add additional users or servers to the Base Product -that You acquired legally; (2) At the time You acquired the Base Product, -You acquired a complete and authentic copy of the Base Product, including -all disks and manuals, and not simply a master or license disk; and (3) -You have not acquired the Base Product as scrap or through a second hand -purchase from a dealer, distributor or another end user. +Additive License. This section applies to You if You are acquiring the Software +to add additional users or servers to a previously acquired product (referred +to below as the "Base Product"). You are authorized to use the Software only if +You are the sole and original, authorized user of the Base Product and You meet +the following conditions: (1) You have acquired the right to use this Software +solely to add additional users or servers to the Base Product that You acquired +legally; (2) At the time You acquired the Base Product, You acquired a complete +and authentic copy of the Base Product, including all disks and manuals, and +not simply a master or license disk; and (3) You have not acquired the Base +Product as scrap or through a second hand purchase from a dealer, distributor +or another end user. -Support. Novell has no obligation to provide support for the -Software. For more information on Novell's current support offerings, -see http://support.novell.com. +Support. Novell has no obligation to provide support for the Software. For more +information on Novell's current support offerings, see +http://support.novell.com. OWNERSHIP RIGHTS -No title to or ownership of the Software is transferred to You. Novell and/or -its licensors owns and retains all title and ownership of all intellectual -property rights in the Software, including any adaptations or copies. You +No title to or ownership of the Software is transferred to You. Novell and/or +its licensors owns and retains all title and ownership of all intellectual +property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software. LIMITED WARRANTY -For ninety (90) days from Your date of purchase, Novell warrants that (1) any -media on which the Software is delivered is free from physical defects; and (2) -the Software will substantially conform to the documentation accompanying the -Software. If the defective items are returned to Novell or if You report the -nonconformity to Novell within ninety (90) days from the date of purchase, -Novell will at its sole discretion either resolve the nonconformity or -refund the license fees You paid for the Software. Any misuse or unauthorized -modification of the Software voids this warranty. THE FOREGOING WARRANTY IS -YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS -OR IMPLIED. (The foregoing warranty does not apply to Software provided free of +For ninety (90) days from Your date of purchase, Novell warrants that (1) any +media on which the Software is delivered is free from physical defects; and (2) +the Software will substantially conform to the documentation accompanying the +Software. If the defective items are returned to Novell or if You report the +nonconformity to Novell within ninety (90) days from the date of purchase, +Novell will at its sole discretion either resolve the nonconformity or refund +the license fees You paid for the Software. Any misuse or unauthorized +modification of the Software voids this warranty. THE FOREGOING WARRANTY IS +YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS +OR IMPLIED. (The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.) + +THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION +WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE +PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT +NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, +WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD +DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. -THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION -WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE -PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT -NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, -WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD -DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. +THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. +THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your +dealer for information about compatibility. -THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING -SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call -Novell or Your dealer for information about compatibility. +Non-Novell Products. The Software may include or be bundled with hardware or +other software programs licensed or sold by a vendor other than Novell. NOVELL +DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS +IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE +PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY. -Non-Novell Products. The Software may include or be bundled with hardware or -other software programs licensed or sold by a vendor other than Novell. NOVELL -DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN -"AS IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY -THE PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY. - -EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY -AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, -TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES -NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS -LIMITED WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR -REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some -jurisdictions do not allow certain disclaimers and limitations of warranties, -so portions of the above limitations may not apply to You. This limited -warranty gives You specific rights and You may also have other rights which +EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND +ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, +NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO +WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED +WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR +REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some +jurisdictions do not allow certain disclaimers and limitations of warranties, +so portions of the above limitations may not apply to You. This limited +warranty gives You specific rights and You may also have other rights which vary from state to state. LIMITATION OF LIABILITY -(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, -SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, -INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES -ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING -WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE -POSSIBILITY OF THOSE DAMAGES. (b) Direct Damages. IN NO EVENT WILL NOVELL'S -AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE -INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR -THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE -SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply -to claims relating to death or personal injury. In those jurisdictions that do -not allow the exclusion or limitation of damages, Novell's liability shall be -limited or excluded to the maximum extent allowed within those jurisdictions. +(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, +SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, +INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING +OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT +LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE +POSSIBILITY OF THOSE DAMAGES. +(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT +DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF +INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF +WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF +CHARGE]. The above exclusions and limitations will not apply to claims +relating to death or personal injury. In those jurisdictions that do not allow +the exclusion or limitation of damages, Novell's liability shall be limited or +excluded to the maximum extent allowed within those jurisdictions. GENERAL TERMS -Term. This Agreement becomes effective on the date You legally acquire -the Software and will automatically terminate if You breach any of its -terms. Upon termination of this Agreement, You must destroy the original and -all copies of the Software or return them to Novell and delete the Software -from Your systems. Benchmark Testing. You may not, without Novell's -prior written consent, publish or disclose to any third party the results -of any benchmark test of the Software. If a vendor (or a party acting at -the vendor's instruction) publishes or discloses benchmark information on -the Software in violation of this restriction, then such vendor authorizes -Novell to publish benchmark information on that vendor's products, in addition -to any other remedies Novell may have. Transfer. This Agreement may not -be transferred or assigned without the prior written approval of Novell. -Law and Jurisdiction. This Agreement is governed by the laws of the State of -Utah, U.S. Any action at law relating to this Agreement may only be brought -before the courts of competent jurisdiction of the State of Utah. If, however, -Your country of principal residence is a member state of the European Union -or the European Free Trade Association, this Agreement is governed by the -laws of that country, and any action at law may only be brought before a -court of competent jurisdiction of that country. Entire Agreement. This -Agreement and the Upgrade/Additive Agreement (if applicable) sets forth the -entire understanding and agreement between You and Novell and may be amended -only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, -RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS -AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, -OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any -right under this Agreement will be effective unless in writing, signed by a -duly authorized representative of the party to be bound. No waiver of any -past or present right arising from any breach or failure to perform will -be deemed to be a waiver of any future right arising under this Agreement. -Severability. If any provision in this Agreement is invalid or unenforceable, -that provision will be construed, limited, modified or, if necessary, severed, -to the extent necessary, to eliminate its invalidity or unenforceability, -and the other provisions of this Agreement will remain unaffected. -Export. You agree to comply with any international and national laws that -apply to the Software and other Confidential Information, including the -United States of America Export Administration Regulations, as well as -any end-user and country-destination restrictions issued by the U.S. and -other governments. Please refer to Export Matrix for Novell Products for -more information on exporting the Software. You can download a copy from -the following web site: http://www.novell.com/info/exports/matrix.html -or You can obtain a copy from Your local Novell office. U.S. Government -Restricted Rights. Use, duplication, or disclosure by the U.S. Government is -subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June -1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)(3) (Nov 1995), -or applicable successor clauses. Contractor/ Manufacturer is Novell, Inc., -1800 South Novell Place, Provo, Utah 84606. Other. The application of the -United Nations Convention of Contracts for the International Sale of Goods -is expressly excluded. +Term. This Agreement becomes effective on the date You legally acquire the +Software and will automatically terminate if You breach any of its terms. Upon +termination of this Agreement, You must destroy the original and all copies of +the Software or return them to Novell and delete the Software from Your +systems. +Benchmark Testing. You may not, without Novell's prior written consent, +publish or disclose to any third party the results of any benchmark test of the +Software. If a vendor (or a party acting at the vendor's instruction) +publishes or discloses benchmark information on the Software in violation of +this restriction, then such vendor authorizes Novell to publish benchmark +information on that vendor's products, in addition to any other remedies Novell +may have. +Transfer. This Agreement may not be transferred or assigned without the prior +written approval of Novell. +Law and Jurisdiction. This Agreement is governed by the laws of the State of +Utah, U.S. Any action at law relating to this Agreement may only be brought +before the courts of competent jurisdiction of the State of Utah. If, however, +Your country of principal residence is a member state of the European Union or +the European Free Trade Association, this Agreement is governed by the laws of +that country, and any action at law may only be brought before a court of +competent jurisdiction of that country. +Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if +applicable) sets forth the entire understanding and agreement between You and +Novell and may be amended only in a writing signed by both parties. NO VENDOR, +DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS +AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE +THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. +Waiver. No waiver of any right under this Agreement will be effective unless in +writing, signed by a duly authorized representative of the party to be bound. +No waiver of any past or present right arising from any breach or failure to +perform will be deemed to be a waiver of any future right arising under this +Agreement. +Severability. If any provision in this Agreement is invalid or unenforceable, +that provision will be construed, limited, modified or, if necessary, severed, +to the extent necessary, to eliminate its invalidity or unenforceability, and +the other provisions of this Agreement will remain unaffected. +Export. You agree to comply with any international and national laws that apply +to the Software and other Confidential Information, including the United States +of America Export Administration Regulations, as well as any end-user and +country-destination restrictions issued by the U.S. and other governments. +Please refer to Export Matrix for Novell Products for more information on +exporting the Software. You can download a copy from the following web site: +http://www.novell.com/info/exports/matrix.html or You can obtain a copy from +Your local Novell office. +U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. +Government is subject to the restrictions in FAR 52.227-14 (June 1987) +Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 +(b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is +Novell, Inc., 1800 South Novell Place, Provo, Utah 84606. +Other. The application of the United Nations Convention of Contracts for the +International Sale of Goods is expressly excluded. (c)1993, 2000-2003 Novell, Inc. All Rights Reserved. -Novell is a registered trademark and eDirectory and NMAS are trademarks of +Novell is a registered trademark and eDirectory and NMAS are trademarks of Novell, Inc. in the United States and other countries. diff --git a/licenses/wrap.sh b/licenses/wrap.sh new file mode 100644 index 00000000..7d5b0b87 --- /dev/null +++ b/licenses/wrap.sh @@ -0,0 +1,5 @@ +for i in * +do + fold -sw 80 $i > $i.output + mv $i.output $i +done \ No newline at end of file