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Tux Machines (TM)-specific
SUSE LINUX 10.0 -beta3
NovellÂ® 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,
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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
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While the license terms for a component may authorize You to
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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
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nothing in this Agreement shall restrict, limit, or otherwise affect
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Since the Software is of pre-release quality, You should not use the
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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.
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: (
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
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benchmark testing on Similar Products and to disclose and publish that
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Specifically, no Novell product may be exported to embargoed or
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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
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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.