SUSE Linux 10.0
Novell Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING
THE SOFTWARE (INCLUDING ITS COMPONENTS), 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 WITHOUT
PRIOR WRITTEN AUTHORIZATION FROM NOVELL.
RIGHTS AND LICENSES
This Novell Software License Agreement ("Agreement") is a legal
agreement between You (an entity or a person) and Novell, Inc.
("Novell") with respect to the software product identified in the
title of this Agreement, media (if any) and accompanying documentation
(collectively the "Software").
The Software is a collective work of Novell. You may make and use
unlimited copies of the Software for Your distribution and use within
Your Organization. You may make and distribute unlimited copies of
the Software outside Your organization provided that: 1) You receive
no consideration; and, 2) you do not bundle or combine the Software
with another offering (e.g., software, hardware, or service). The
term "Organization" means a legal entity, excluding subsidiaries and
affiliates with a separate existence for tax purposes or for legal
personality purposes. An example of an Organization in the private
sector would be a corporation, partnership, or trust, excluding any
subsidiaries or affiliates of the organization with a separate tax
identification number or company registration number. In the public
sector, an example of Organization would be a specific government
body or local government authority.
The Software is a modular operating system. Most of the components
are open source packages, developed independently, and accompanied by
separate license terms. Your license rights with respect to
individual components accompanied by separate license terms are
defined by those terms; nothing in this Agreement (including, for
example, the "Other License Terms and Restrictions," below) shall
restrict, limit, or otherwise affect any rights or obligations You may
have, or conditions to which You may be subject, under such license
While the license terms for a component may authorize You to
distribute the component, You may not use any Novell marks (e.g., SUSE
and SUSE LINUX) in distributing the component, whether or not the
component contains Novell marks.
OTHER LICENSE TERMS AND RESTRICTIONS
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. The Software is licensed to You, not sold.
The Software may be bundled with other software programs ("Bundled
Programs"). Your license rights with respect to Bundled Programs
accompanied by separate license terms are defined by those terms;
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 such license terms.
Novell reserves all rights not expressly granted to You. You may not:
(1) reverse engineer, decompile, or disassemble the Software except
and only to the extent it is expressly permitted by applicable law or
the license terms accompanying a component of the Software; or (2)
transfer the Software or Your license rights under this Agreement, in
whole or in part.
MAINTENANCE AND SUPPORT
Novell has no obligation to provide maintenance or support for the Software.
No title to or ownership of the Software is transferred to You. Novell
and/or its licensors owns and retains all title and ownership of all
intellectual property rights in the Software, including any
adaptations or copies. You acquire only a license to use the Software.
For ninety (90) days from Your date of purchase, Novell warrants that
(1) any media on which the Software is delivered is free from physical
defects; and (2) the Software will substantially conform to the
documentation accompanying the Software. If the defective items are
returned to Novell or if You report the nonconformity to Novell within
ninety (90) days from the date of purchase, Novell will at its sole
discretion either resolve the nonconformity or refund the license fees
You paid for the Software. Any misuse or unauthorized modification of
the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE
AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED. (The foregoing warranty does not apply to Software
provided free of charge. SUCH SOFTWARE IS PROVIDED "AS IS" WITHOUT
ANY WARRANTIES OF ANY KIND.)
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS,
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE
SYSTEMS. Call Novell or Your dealer for information about
Non-Novell Products. The Software may include or be bundled with
hardware or other software programs licensed or sold by a licensor
other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY
SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT 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, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT
EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT
THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow
certain disclaimers and limitations of warranties, so portions of the
above limitations may not apply to You. This limited warranty gives
You specific rights and You may also have other rights which vary from
state to state.
LIMITATION OF LIABILITY
(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
( Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR
DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
will not apply to claims relating to death or personal injury. In
those jurisdictions that do not allow the exclusion or limitation of
damages, Novell's liability shall be limited or excluded to the
maximum extent allowed within those jurisdictions.
Term. This Agreement becomes effective on the date You legally acquire
the Software and will automatically terminate if You breach any of its
terms. Upon termination of this Agreement, You must destroy the
original and all copies of the Software or return them to Novell and
delete the Software from Your systems.
Benchmark Testing. This benchmark testing restriction applies to You
if You are a software vendor or if You are performing testing on the
Software at the direction of or on behalf of a software vendor. 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 vendor of products that
are functionally similar to or compete with the Software ("Similar
Products"), or are acting on behalf of such a vendor, 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.
Transfer. This Agreement may not be transferred or assigned without
the prior written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the
State of Utah, U.S. Any action at law relating to this Agreement may
only be brought before the courts of competent jurisdiction of the
State of Utah. If, however, Your country of principal residence is a
member state of the European Union or the European Free Trade
Association, this Agreement is governed by the laws of that country,
and any action at law may only be brought before a court of competent
jurisdiction of that country.
Entire Agreement. This Agreement and the Upgrade/Additive Agreement
(if applicable) sets forth the entire understanding and agreement
between You and Novell and may be amended only in a writing signed by
both parties. NO 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 person or entity exporting or re-exporting
Novell products directly or indirectly and via any means, including
electronic transfer, is wholly responsible for doing so in accordance
with the U.S. Export Administration Regulations and the laws of host
countries. Novell assumes no responsibility or liability for your
failure to obtain any necessary export approvals. Approvals are
dependent upon an item's technical characteristics, the destination,
end-use and end-user, as well as other activities of the end user.
Specifically, no Novell product may be exported to embargoed or
otherwise restricted countries or end users. Please consult the
Bureau of Industry and Security web page and other sources before
exporting Novell products from the U.S. and familiarize yourself with
the laws of destination countries before re-exporting Novell products.
This provision shall survive the expiration or earlier termination of
this Agreement. Please refer to the export matrix for Novell products
for more information on exporting Novell Software. You can download a
copy from http://www.novell.com/info/exports/ or obtain a copy from
your local Novell office.
U.S. Government Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to the restrictions in FAR 52.227-14
(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or
DFARS 252.227-7013 ((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.
Â©1993, 2000-2005 Novell, Inc. All Rights Reserved.
Novell is a registered trademark, and SUSE LINUX is registered
trademark, and the SUSE logo is a trademark, of SUSE LINUX Products
GmbH, a Novell company, in the United States and other countries.
Linux is a registered trademark of Linus Torvalds.