SUSE LINUX 10.0 -beta3 Novell® Pre-Release Software License Agreement

SUSE LINUX 10.0 -beta3

Novell® Pre-Release 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. EXCEPT
TO ANY EXTENT AUTHORIZED BELOW, 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. Subject to the terms and
conditions of this Beta Agreement, Novell grants You a non-exclusive,
non-transferable right to reproduce and internally use the Software
during the Term specified below in a quantity as reasonably necessary
to perform Your evaluation and/or testing of the Software.

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 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.

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.

Since the Software is of pre-release quality, You should not use the
Software in a commercial or production system. The Software has not
been fully tested and may contain errors and omissions. The Software
should be used only in a testing environment. Novell does not
guarantee that a commercial version of the Software will become
generally available to the public, that target dates will be met, or
that associated products will be released. The entire risk arising
out of Your use of the Software remains with You. The Software may
contain an automatic disabling mechanism that prevents its use after a
certain period of time, so You should back up Your system and take
other measures to prevent any loss of files or data. Use of the
Software is entirely at Your own risk.

You understand and agree that Novell may use any feedback or
information You provide and You hereby grant Novell a perpetual and
irrevocable license to use all such feedback and information for any
purpose without compensation to You, provided that Novell shall not
publicly reference Your name in connection therewith. You represent
and warrant that such feedback and information will not include any
proprietary or confidential information of You or any third party and
that You have full authority to grant the foregoing license.

OWNERSHIP RIGHTS

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.

THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY
YOU. NOVELL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL
SATISFY YOUR REQUIREMENTS OR THAT THE OPERTATION 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.

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.

LIMITATION OF LIABILITY

Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTARE,
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.

GENERAL TERMS

Term. This Beta Agreement becomes effective on the date You legally
acquire the Software and will remain in force until terminated as
follows. This Beta Agreement shall terminate upon the earlier of: (Sleepy
90 days from the date of installation of the Software, (ii) the next
release of a pre-release version, if any, of the Software, (iii) first
commercial shipment by Novell of the Software, (iv) written notice of
termination by either party, or (v) the date on which You breach any
of the terms of this Beta Agreement. Upon termination of this Beta
Agreement, You must cease use of the Software, return to an original
state any actions performed by the Software, destroy the original and
all copies of the Software or return them to Novell, and delete the
Software entirely 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 (Cool(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.

©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.