289 lines
17 KiB
Plaintext
289 lines
17 KiB
Plaintext
Novell(r) eDirectory(tm) 8.7 Novell Software License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE
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SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
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THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT
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BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
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This Novell Software License Agreement ("Agreement") is a legal agreement
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between You (an entity or a person) and Novell, Inc. ("Novell"). However,
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if You obtained the Software in Europe, the Middle-East or Africa, any
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license under this Agreement is granted to You by, or on behalf of, Novell
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Ireland Software Limited. The software product identified in the title of
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this Agreement, media (if any) and accompanying documentation (collectively
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the "Software") is protected by the copyright laws and treaties of the
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United States ("U.S.") and other countries and is subject to the terms
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of this Agreement. If You do not agree with the terms of this Agreement,
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do not download, install or otherwise use the Software and, if applicable,
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return the entire unused package to the reseller with Your receipt for a
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refund. The Software is licensed to You, not sold.
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The Software may include or be bundled with other software programs licensed
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under different terms and/or licensed by a vendor other than Novell. Use
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of any software programs accompanied by a separate license agreement is
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governed by that separate license agreement. Any third party software
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that may be provided with the Software is included for use at Your option.
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Novell is not responsible for any third party's software and shall have no
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liability for Your use of third party software.
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LICENSED USE
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Commercial Software.
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"Bundled Offering" is an offering, legally distributed by a third party,
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comprised of the Software distributed in combination or association with a
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product of that third party (referred to hereafter as the "Bundled Product").
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"Server Software" means the components of the Software that operate on a
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central processing unit (CPU), or group of CPUs, and that provide access to
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shared resources.
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"Client Software" means the components of the Software that permit access
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to Server Software from another device.
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"User" means a user object in a single directory tree (or other class of
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object that contains data representing a person, such as objects containing
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credit card information or PIN numbers) that has (a) access or use rights
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to any portion of the Software, or (b) access or use rights to products
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(devices, hardware, or software) being managed by the Software, regardless
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of whether the user object is assigned to a person or device. User objects
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(or other classes of objects) representing the same person that are linked
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to each other within a single tree and/or linked across multiple trees count
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as only one User.
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Licenses.
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One of the following licenses applies depending on which software You
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acquired. Client Software may be used only to access Server Software or other
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Novell software. Use of any software programs accompanied by a separate
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license agreement shall be governed by that separate license agreement.
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Novell eDirectory License (Bundled Offering with non-Novell products). This
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license grant applies to You if the Software is Novell eDirectory and You
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acquired the Software as part of a Bundled Offering. Subject to the terms
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and conditions of this Agreement, Novell grants to You a non-exclusive,
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non-transferable right to internally make, distribute, and use within Your
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company an unlimited number of copies of the Software, provided that the
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aggregate number of Users within Your company does not exceed 250,000 Users.
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Each person who accesses or uses the Software must have at least one user
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object uniquely assigned to that person and access the Software through the
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user object. These licenses are not upgradeable. Regardless of how many
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copies of Novell eDirectory You receive as part of this Bundled Offering or
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other Bundled Offerings, Your use of Novell eDirectory licenses granted as
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part of a Bundled Offering with non-Novell products is limited to 250,000
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licenses per company. You must acquire a Novell eDirectory license (other
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than as part of a Bundled Offering) for each User in excess of 250,000 Users.
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Novell eDirectory License (Not As Bundled Offering). This license grant
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applies to You if the Software is Novell eDirectory and You did not acquire the
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Software as part of a Bundled Offering. Subject to the terms and conditions of
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this Agreement, Novell grants to You a non-exclusive, non-transferable right
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to internally make, distribute, and use within Your organization an unlimited
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number of copies of the Software, provided that the aggregate number of Users
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does not exceed the quantity of user licenses You have legally acquired.
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Each person who accesses or uses the Software must have at least one user
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object uniquely assigned to that person and access the Software through the
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user object.
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Novell(r) eGuide 2.1, ConsoleOne, Novell(r) iMonitor, Novell(r) iManager,
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Novell Certificate Server, Novell(r) Internet Cryptographic Infrastructure
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(NICI). You are authorized to install and use the Software identified in
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this paragraph internally within Your organization or entity in connection
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with Your lawful use of eDirectory.
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Novell(r) Modular Authentication Services (NMAS(tm)). The quantity of user
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licenses for the NMAS Software included with Your purchase of the Novell
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eDirectory Software is equal to the number of user licenses You have acquired
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for the Novell eDirectory Software. You must have a user license for each
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User of the NMAS Software. Each person who accesses or uses the Software must
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have at least one user object uniquely assigned to that person and access
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the Software through the user object. The foregoing NMAS licenses are also
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subject to the license agreement accompanying the NMAS Software, if any.
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Evaluation Software. If the Software is an evaluation version or is provided
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to You for evaluation purposes, then Your license to use the Software is
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limited solely to internal evaluation purposes in accordance with the terms
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of the evaluation offering under which You received the Software and expires
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90 days from installation (or such other period as indicated by the Software)
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and the Software may cease to function. Unless otherwise authorized by Novell,
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Your license to install and use the Software is limited to the greater of (1)
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one copy of the Software, or (2) the smallest stratification in which Novell
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sells licenses for the Software. Upon expiration of the evaluation period,
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You must discontinue use of the Software and delete the Software entirely
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from Your system. The Software may contain an automatic disabling mechanism
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that prevents its use after a certain period of time, so You should back up
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Your system and take other measures to prevent any loss of files or data. Use
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of the Software is entirely at Your own risk.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly granted
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to You. You may not: (1) increase, by any means whatsoever, the number of
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connections supported by the Software and licensed to You or support more than
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one connection or user through a single connection; (2) reverse engineer,
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decompile, or disassemble the Software except and only to the extent it is
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expressly permitted by applicable law; (3) modify, alter, rent, timeshare or
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lease the Software or sublicense any of Your rights under this Agreement;
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or (4) transfer the Software or Your license rights under this Agreement,
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in whole or in part.
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Suite Licenses. If Your license to use the Software is for a suite of
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products, then only one user may use all products in the suite (unless
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otherwise indicated by the Software). The suite license does not allow use
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of individual products in the suite by multiple users.
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Upgrade License. This section applies to You if the Software is an upgrade
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version or is provided to You as an upgrade. "Original Product" means the
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product from which You are upgrading. You are authorized to use the Software
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only if You are the sole and original, authorized user of the Original Product
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and You meet the following conditions: (1) You have acquired the right to
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use the Software solely to replace the Original Product that You acquired
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legally and that qualified to be upgraded with the Software under the Novell
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policies existing at the time You acquired the Software; (2) You installed
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and used the Original Product in accordance with the terms and conditions of
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the applicable license agreement; (3) At the time You acquired the Original
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Product, You acquired a complete and authentic copy of the Original Product,
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including all disks and manuals, and not simply a master or license disk;
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(4) You have not acquired the Original Product as scrap or through a second
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hand purchase from a dealer, distributor or another end user; (5) You will
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permanently discontinue use of the Original Product within sixty (60) days
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of installation of the Software; and (6) You will not sell or otherwise
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transfer possession of the Original Product.
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Additive License. This section applies to You if You are acquiring the Software
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to add additional users or servers to a previously acquired product (referred
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to below as the "Base Product"). You are authorized to use the Software only
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if You are the sole and original, authorized user of the Base Product and
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You meet the following conditions: (1) You have acquired the right to use
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this Software solely to add additional users or servers to the Base Product
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that You acquired legally; (2) At the time You acquired the Base Product,
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You acquired a complete and authentic copy of the Base Product, including
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all disks and manuals, and not simply a master or license disk; and (3)
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You have not acquired the Base Product as scrap or through a second hand
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purchase from a dealer, distributor or another end user.
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Support. Novell has no obligation to provide support for the
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Software. For more information on Novell's current support offerings,
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see http://support.novell.com.
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OWNERSHIP RIGHTS
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No title to or ownership of the Software is transferred to You. Novell and/or
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its licensors owns and retains all title and ownership of all intellectual
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property rights in the Software, including any adaptations or copies. You
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acquire only a license to use the Software.
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LIMITED WARRANTY
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For ninety (90) days from Your date of purchase, Novell warrants that (1) any
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media on which the Software is delivered is free from physical defects; and (2)
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the Software will substantially conform to the documentation accompanying the
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Software. If the defective items are returned to Novell or if You report the
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nonconformity to Novell within ninety (90) days from the date of purchase,
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Novell will at its sole discretion either resolve the nonconformity or
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refund the license fees You paid for the Software. Any misuse or unauthorized
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modification of the Software voids this warranty. THE FOREGOING WARRANTY IS
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YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
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OR IMPLIED. (The foregoing warranty does not apply to Software provided free of
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charge. SUCH SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.)
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THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION
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WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
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PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
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NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
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WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
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DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
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SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call
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Novell or Your dealer for information about compatibility.
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Non-Novell Products. The Software may include or be bundled with hardware or
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other software programs licensed or sold by a vendor other than Novell. NOVELL
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DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN
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"AS IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY
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THE PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY
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AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
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TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES
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NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS
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LIMITED WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
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REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some
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jurisdictions do not allow certain disclaimers and limitations of warranties,
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so portions of the above limitations may not apply to You. This limited
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warranty gives You specific rights and You may also have other rights which
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vary from state to state.
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LIMITATION OF LIABILITY
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(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
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SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES
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ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING
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WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
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POSSIBILITY OF THOSE DAMAGES. (b) Direct Damages. IN NO EVENT WILL NOVELL'S
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AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE
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INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR
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THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE
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SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply
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to claims relating to death or personal injury. In those jurisdictions that do
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not allow the exclusion or limitation of damages, Novell's liability shall be
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limited or excluded to the maximum extent allowed within those jurisdictions.
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GENERAL TERMS
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Term. This Agreement becomes effective on the date You legally acquire
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the Software and will automatically terminate if You breach any of its
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terms. Upon termination of this Agreement, You must destroy the original and
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all copies of the Software or return them to Novell and delete the Software
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from Your systems. Benchmark Testing. You may not, without Novell's
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prior written consent, publish or disclose to any third party the results
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of any benchmark test of the Software. If a vendor (or a party acting at
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the vendor's instruction) publishes or discloses benchmark information on
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the Software in violation of this restriction, then such vendor authorizes
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Novell to publish benchmark information on that vendor's products, in addition
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to any other remedies Novell may have. Transfer. This Agreement may not
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be transferred or assigned without the prior written approval of Novell.
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Law and Jurisdiction. This Agreement is governed by the laws of the State of
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Utah, U.S. Any action at law relating to this Agreement may only be brought
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before the courts of competent jurisdiction of the State of Utah. If, however,
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Your country of principal residence is a member state of the European Union
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or the European Free Trade Association, this Agreement is governed by the
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laws of that country, and any action at law may only be brought before a
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court of competent jurisdiction of that country. Entire Agreement. This
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Agreement and the Upgrade/Additive Agreement (if applicable) sets forth the
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entire understanding and agreement between You and Novell and may be amended
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only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER,
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RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS
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AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM,
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OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. Waiver. No waiver of any
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right under this Agreement will be effective unless in writing, signed by a
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duly authorized representative of the party to be bound. No waiver of any
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past or present right arising from any breach or failure to perform will
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be deemed to be a waiver of any future right arising under this Agreement.
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Severability. If any provision in this Agreement is invalid or unenforceable,
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that provision will be construed, limited, modified or, if necessary, severed,
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to the extent necessary, to eliminate its invalidity or unenforceability,
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and the other provisions of this Agreement will remain unaffected.
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Export. You agree to comply with any international and national laws that
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apply to the Software and other Confidential Information, including the
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United States of America Export Administration Regulations, as well as
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any end-user and country-destination restrictions issued by the U.S. and
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other governments. Please refer to Export Matrix for Novell Products for
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more information on exporting the Software. You can download a copy from
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the following web site: http://www.novell.com/info/exports/matrix.html
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or You can obtain a copy from Your local Novell office. U.S. Government
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Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
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subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June
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1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)(3) (Nov 1995),
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or applicable successor clauses. Contractor/ Manufacturer is Novell, Inc.,
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1800 South Novell Place, Provo, Utah 84606. Other. The application of the
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United Nations Convention of Contracts for the International Sale of Goods
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is expressly excluded.
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(c)1993, 2000-2003 Novell, Inc. All Rights Reserved.
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Novell is a registered trademark and eDirectory and NMAS are trademarks of
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Novell, Inc. in the United States and other countries.
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