239 lines
14 KiB
Plaintext
239 lines
14 KiB
Plaintext
ConsoleOne(tm) Snap-ins
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Novell(r) 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, if
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You obtained the Software in Europe, the Middle-East or Africa, any license
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under this Agreement is granted to You by, or on behalf of, Novell Ireland
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Software Limited. The software product identified in the title of this
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Agreement, media (if any) and accompanying documentation (collectively the
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"Software") is protected by the copyright laws and treaties of the United
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States ("U.S.") and other countries and is subject to the terms of this
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Agreement. If You do not agree with the terms of this Agreement, do not
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download, install or otherwise use the Software and, if applicable, return the
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entire unused package to the reseller with Your receipt for a refund. The
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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 of any
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software programs accompanied by a separate license agreement is governed by
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that separate license agreement. Any third party software that may be provided
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with the Software is included for use at Your option. Novell is not
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responsible for any third party's software and shall have no liability for Your
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use of third party software.
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LICENSED USE
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Commercial Software.
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This Agreement applies to all ConsoleOne Snap-ins provided free of charge.
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Such Snap-ins are intended for use solely with their associated products: for
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example, eDirectory(tm) Snap-ins are to be used only with legally acquired
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eDirectory software, and Novell Single Sign-on Snap-ins are to be used only
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with legally acquired Novell Single Sign-on software.
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License. Subject to the terms and conditions of this License, Novell grants You
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a non-exclusive, non-transferable right for Your internal use to use the
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Software in a quantity necessary for its intended purpose as stated above. You
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may not redistribute this Software. Novell reserves all rights not expressly
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granted to You. Use of any software programs accompanied by a separate license
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agreement shall be governed by that separate license agreement.
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Evaluation Software. If the Software is an evaluation version or is provided to
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You for evaluation purposes, then Your license to use the Software is limited
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solely to internal evaluation purposes in accordance with the terms of the
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evaluation offering under which You received the Software and expires 90 days
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from installation (or such other period as indicated by the Software) and the
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Software may cease to function. Unless otherwise authorized by Novell, Your
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license to install and use the Software is limited to the greater of (1) one
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copy of the Software, or (2) the smallest stratification in which Novell sells
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licenses for the Software. Upon expiration of the evaluation period, You must
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discontinue use of the Software and delete the Software entirely from Your
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system. The Software may contain an automatic disabling mechanism that prevents
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its use after a certain period of time, so You should back up Your system and
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take other measures to prevent any loss of files or data. Use of the Software
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is entirely
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at Your own risk.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly granted to You.
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You may not: (1) increase, by any means whatsoever, the number of connections
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supported by the Software and licensed to You or support more than one
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connection or user through a single connection; (2) reverse engineer,
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decompile, or disassemble the Software except and only to the extent it is
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expressly permitted by applicable law; (3) modify, alter, rent, timeshare or
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lease the Software or sublicense any of Your rights under this Agreement; or
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(4) transfer the Software or Your license rights under this Agreement, in whole
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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 of
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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 use
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the Software solely to replace the Original Product that You acquired legally
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and that qualified to be upgraded with the Software under the Novell policies
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existing at the time You acquired the Software; (2) You installed and used the
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Original Product in accordance with the terms and conditions of the applicable
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license agreement; (3) At the time You acquired the Original Product, You
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acquired a complete and authentic copy of the Original Product, including all
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disks and manuals, and not simply a master or license disk; (4) You have not
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acquired the Original Product as scrap or through a second hand purchase from a
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dealer,
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distributor or another end user; (5) You will permanently discontinue use of
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the Original Product within sixty (60) days of installation of the Software;
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and (6) You will not sell or otherwise transfer possession of the Original
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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 if
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You are the sole and original, authorized user of the Base Product and You meet
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the following conditions: (1) You have acquired the right to use this Software
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solely to add additional users or servers to the Base Product that You acquired
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legally; (2) At the time You acquired the Base Product, You acquired a complete
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and authentic copy of the Base Product, including all disks and manuals, and
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not simply a master or license disk; and (3) You have not acquired the Base
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Product as scrap or through a second hand purchase from a dealer, distributor
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or another end user.
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Commercial Public Service Restriction. The Software is licensed for Your
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internal use only. If You are a provider of internet services, remote or hosted
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management services or information technology outsourcing services, this
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Agreement does not permit You to use the Software for providing such services.
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If You would like to use the Software for any such purposes, You must obtain a
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separate license from Novell. For more information, see
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http://www.novell.com/internet.
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Support. Novell has no obligation to provide support for the Software. For more
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information on Novell's current support offerings, see
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http://support.novell.com.
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OWNERSHIP RIGHTS
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No title to or ownership of the Software is transferred to You. Novell and/or
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its licensors owns and retains all title and ownership of all intellectual
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property rights in the Software, including any adaptations or copies. You
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acquire only a license to use the Software.
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LIMITED WARRANTY
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For ninety (90) days from Your date of purchase, Novell warrants that (1) any
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media on which the Software is delivered is free from physical defects; and (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 refund
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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 SYSTEMS.
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THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your
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dealer for information about compatibility.
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Non-Novell Products. The Software may include or be bundled with hardware or
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other software programs licensed or sold by a vendor other than Novell. NOVELL
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DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS
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IS" BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE
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PRODUCT VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
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ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE,
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NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO
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WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED
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WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR
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REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. 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 ARISING
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OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT
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LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE
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POSSIBILITY OF THOSE DAMAGES.
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(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
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DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
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INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF
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WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF
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CHARGE]. The above exclusions and limitations will not apply to claims
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relating to death or personal injury. In those jurisdictions that do not allow
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the exclusion or limitation of damages, Novell's liability shall be limited or
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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 the
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Software and will automatically terminate if You breach any of its terms. Upon
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termination of this Agreement, You must destroy the original and all copies of
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the Software or return them to Novell and delete the Software from Your
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systems.
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Transfer. This Agreement may not be transferred or assigned without the prior
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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 or
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the European Free Trade Association, this Agreement is governed by the laws of
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that country, and any action at law may only be brought before a court of
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competent jurisdiction of that country.
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Entire Agreement. This Agreement and the Upgrade/Additive Agreement (if
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applicable) sets forth the entire understanding and agreement between You and
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Novell and may be amended only in a writing signed by both parties. NO VENDOR,
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DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS
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AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE
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THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
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Waiver. No waiver of any right under this Agreement will be effective unless in
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writing, signed by a duly authorized representative of the party to be bound.
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No waiver of any past or present right arising from any breach or failure to
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perform will be deemed to be a waiver of any future right arising under this
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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, and
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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 apply
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to the Software and other Confidential Information, including the United States
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of America Export Administration Regulations, as well as any end-user and
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country-destination restrictions issued by the U.S. and other governments.
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Please refer to Export Matrix for Novell Products for more information on
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exporting the Software. You can download a copy from the following web site:
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http://www.novell.com/info/exports/matrix.html or You can obtain a copy from
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Your local Novell office.
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U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S.
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Government is subject to the restrictions in FAR 52.227-14 (June 1987)
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Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013
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(b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is
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Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
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Other. The application of the United Nations Convention of Contracts for the
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International Sale of Goods is expressly excluded.
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(c)1993, 2001 Novell, Inc. All Rights Reserved.
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Novell is a registered trademark and ConsoleOne and eDirectory are trademarks
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of Novell, Inc. in the United States and other countries.
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