stable/licenses/Novell-GW-8

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GroupWise(R) 8
Novell(R) 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.
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, 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. 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. If the update or support release is
not accompanied by a license agreement, then this Agreement governs
Your use of 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.
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.
You must acquire a user license for each 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. Provided that You comply with the above requirements,
You are authorized to use an unlimited number of copies of the
Software.
Novell eDirectory(tm) Software License. The quantity of licenses for
the Novell eDirectory software included with Your lawfully acquired
licenses of the Novell GroupWise 8 Software is equal to the greater
of (1) the quantity of licenses You have lawfully acquired for the
Novell GroupWise 8 Software, or (2) 250,000 Users per company/entity.
The foregoing Novell eDirectory licenses are not upgradeable and are
otherwise subject to the license agreement accompanying the Novell
eDirectory software. The foregoing Novell eDirectory licenses are
not upgradeable and are otherwise subject to the license agreement
accompanying the Novell eDirectory software.
SLES(tm) - Bundle Edition. Notwithstanding the license rights in the
license agreement accompanying the copy of Novell SUSE(R) Linux
Enterprise Server product (SLES) You received with the Software, You
agree to use SLES solely for the purpose of running the GroupWise 8.0
Software.
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.
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 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.
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.
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.)
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 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.
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.
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.
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
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.
(c) 1993, 2000-2009 Novell, Inc. All Rights Reserved.
(121509)
Novell, GroupWise and SUSE are registered trademarks and eDirectory
and SLES are trademarks of Novell, Inc. in the United States and
other countries.