263 lines
16 KiB
Plaintext
263 lines
16 KiB
Plaintext
Novell® Messenger 2.2
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Novell Software License Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE
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USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
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AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF
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APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT
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FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
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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). The
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software product identified in the title of this Agreement for which You have
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acquired licenses, any media 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. Any update or support release to the Software that You may download
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or receive that is not accompanied by a license agreement expressly superseding
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this Agreement is Software and governed by this Agreement. If the Software is
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an update or support release, then You must have validly licensed the version
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and quantity of the Software being updated or supported in order to install or
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use the update or support release.
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The Software may include or be bundled with other software programs licensed
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under different terms and/or licensed by a licensor other than Novell. Use of
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any software programs accompanied by a separate license agreement is governed
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by that separate license agreement. Any third party software that may be
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provided with the Software is included for use at Your option.
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LICENSED USE
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Commercial Software.
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"User" means a user object in a single directory tree (or other class of object
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that contains data representing a person, such as objects containing credit
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card information or PIN numbers) that has (a) access or use rights to any
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portion of the Software, or (b) access or use rights to products (devices,
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hardware, or software) being managed by the Software, regardless of whether the
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user object is assigned to a person or device. User objects (or other classes
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of objects) representing the same person that are linked to each other within a
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single tree and/or linked across multiple trees count as only one User. Each
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person who accesses or uses the Software must have at least one user object
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uniquely assigned to that person and access the Software through the user
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object.
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You must have a valid Novell GroupWise® 7 or Novell Vibe OnPrem 3 (or
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subsequent version) user license for each User of the Software. The Software
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may only be used by a User with a qualifying Novell GroupWise or Novell Vibe
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OnPrem software license.
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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 and in accordance with the terms
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of the evaluation offering under which You received the Software and expires 90
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days from installation (or such other period as may be indicated within the
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Software). Upon expiration of the evaluation period, You must discontinue use
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of the Software, return to an original state any actions performed by the
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Software, and delete the Software entirely from Your system. The Software may
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contain an automatic disabling mechanism that prevents its use after a certain
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period of time, so You should back up Your system and take other measures to
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prevent any loss of files or data.
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RESTRICTIONS
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License Restrictions. Novell reserves all rights not expressly granted to You.
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The Software is licensed for Your internal use only. You may not (1) reverse
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engineer, decompile, or disassemble the Software except and only to the extent
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it is expressly permitted by applicable law; (2) modify, alter, rent, timeshare
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host or lease the Software or sublicense any of Your rights under this
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Agreement; or (3) transfer the Software or Your license rights under this
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Agreement, in whole or in part, without written permission by Novell.
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Suite Licenses. If Your license to use the Software is for a suite of
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products, then for each license only one user may use the products in the
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suite. The suite license does not allow use of individual products in the
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suite by multiple users if licensed on a user basis or multiple devices if
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licensed on a device or server basis.
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Upgrade Protection. If You purchased upgrade protection or maintenance under a
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Novell program for this Software, the upgrade protection or maintenance only
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entitles You to upgrades of the Software as a whole and does not entitle You to
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upgrades of any component programs or products bundled with the Software or any
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individual products included in a suite if the Software is licensed as a suite
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of products. You may separately purchase upgrade protection for individual
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components of the Software if permitted by the applicable Novell policies and
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programs.
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Upgrade Software. This section applies to You if You have purchased the
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Software based upon upgrade pricing. Original Product means the product
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from which You are upgrading. You are authorized to use the Software only if
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You are the authorized user of the Original Product and You meet the following
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conditions: (1) You have acquired the right to use the Software solely to
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replace the Original Product that You acquired legally and that is qualified to
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be upgraded with the Software under the Novell policies existing at the time
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You acquired the Software; (2) You installed and used the Original Product in
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accordance with the terms and conditions of the applicable license agreement;
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and (3) You will not sell or otherwise transfer possession of the Original
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Product.
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Support. Novell has no obligation to provide support unless You purchase an
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offering that expressly includes support services. If You make such a purchase
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and no separate agreement specifically applies to the support services, then
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the terms of this Agreement will govern the provision of such support services
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(Services). For more information on Novell's current support offerings,
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see http://www.novell.com/support.
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OWNERSHIP
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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 retain all right, title and interest in and to all intellectual
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property rights in the Software and Services, including any adaptations or
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copies thereof. You acquire only a conditional 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 unauthorized use or
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modification to 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
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of charge. SUCH SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY
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KIND.)
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Services. Novell warrants that any Services purchased will be supplied in a
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professional manner in accordance with generally accepted industry standards.
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This warranty will be effective for ninety (90) days following delivery of the
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Services. Upon any breach of this warranty, Novells only obligation is to
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either correct the Services so that they comply with this warranty or at its
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option refund the amount You paid to Novell for the portion of the Services
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that fail to comply with this warranty. As files may be altered or damaged in
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the course of Novell providing technical services, You agree to take
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appropriate measures to isolate and back up Your systems.
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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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reseller 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 or services licensed or sold by an entity other than
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Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH
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PRODUCTS OR SERVICES ARE PROVIDED ON AN AS IS BASIS. WARRANTY SERVICE IF
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ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE
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WITH THE APPLICABLE LICENSOR WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND
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ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
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A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY,
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REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY.
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NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
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REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE
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UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and
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limitations of warranties, so portions of the above limitations may not apply
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to You. This limited warranty gives You specific rights and You may also have
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other rights which vary by state or jurisdiction.
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LIMITATION OF LIABILITY
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Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES,
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OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
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CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE
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USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, 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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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 OR
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SERVICES 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 the
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Software and will automatically terminate if You breach any of its terms. If
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the Software is provided to You on a subscription basis, then Your right to
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possess or use the Software will terminate at the end of the applicable
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subscription period. Upon termination of this Agreement or any applicable
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subscription period, You must destroy the original and all copies of the
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Software or return them to Novell and delete the Software from Your systems.
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Benchmark Testing. This benchmark testing restriction applies to You if You
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are a software developer or licensor or if You are performing testing on the
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Software at the direction of or on behalf of a software developer or licensor.
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You may not, without Novell's prior written consent not to be unreasonably
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withheld, publish or disclose to any third party the results of any benchmark
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test of the Software. If You are a licensor of products that are functionally
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similar to or compete with the Software (Similar Products), or are acting
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on behalf of such a licensor, and You publish or disclose benchmark information
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on the Software in violation of this restriction, then notwithstanding anything
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to the contrary in the Similar Product's end user license agreement, and in
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addition to any other remedies Novell may have, Novell shall have the right to
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perform benchmark testing on Similar Products and to disclose and publish that
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benchmark information and You hereby represent that You have authority to grant
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such right to Novell.
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Open Source. Nothing in this Agreement shall restrict, limit or otherwise
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affect any rights or obligations You may have, or conditions to which You may
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be subject, under any applicable open source licenses to any open source code
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contained in the Software.
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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 sets forth the entire understanding and
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agreement between You and Novell and may be amended or modified only by a
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written agreement agreed to by You and an authorized representative of Novell.
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NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE
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IS 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
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in writing, signed by a duly authorized representative of the party to be
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bound. No waiver of any past or present right arising from any breach or
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failure to perform will be deemed to be a waiver of any future right arising
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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, and
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the other provisions of this Agreement will remain unaffected.
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Export Compliance. Any products or technical information provided under this
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Agreement may be subject to U.S. export controls and the trade laws of other
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countries. The parties agree to comply with all export control regulations and
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to obtain any required licenses or classification to export, re-export or
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import deliverables. The parties agree not to export or re-export to entities
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on the current U.S. export exclusion lists or to any embargoed or terrorist
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countries as specified in the U.S. export laws. The parties will not use
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deliverables for prohibited nuclear, missile, or chemical biological weaponry
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end uses. Please consult the Bureau of Industry and Security web page
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www.bis.doc.gov before exporting Novell products from the U.S. Please refer to
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http://www.novell.com/company/legal/ for more information on exporting Novell
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software. Upon request, Novell will provide You specific information regarding
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applicable restrictions. However, Novell assumes no responsibility for Your
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failure to obtain any necessary export approvals.
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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 (b)
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(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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© 1993, 2000-2010 Novell, Inc. All Rights Reserved.
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(111510)
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Novell and GroupWise are registered trademarks and Novell Vibe is a trademark
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of Novell, Inc. in the United States and other countries.
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