Novell® Operations Center 5.0 Novell Operations Center for Service Monitoring Novell Operations Center for Service Mapping Novell Operations Center for Service Measuring NetIQ® AppManager® Operations Portal Novell Software License Agreement PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, 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 EXCEPT AS AUTHORIZED BY NOVELL. This Novell Software License Agreement (“Agreement”) is a legal agreement between You (an entity or a person) and Novell, Inc. (“Novell”). 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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 unauthorized use or modification to 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.) Services. Novell warrants that any Services purchased will be supplied in a professional manner in accordance with generally accepted industry standards. This warranty will be effective for ninety (90) days following delivery of the Services. Upon any breach of this warranty, Novell’s only obligation is to either correct the Services so that they comply with this warranty or at its option refund the amount You paid to Novell for the portion of the Services that fail to comply with this warranty. As files may be altered or damaged in the course of Novell providing technical services, You agree to take appropriate measures to isolate and back up Your systems. 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. 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The parties agree not to export or re-export to entities on the current U.S. export exclusion lists or to any embargoed or terrorist countries as specified in the U.S. export laws. The parties will not use deliverables for prohibited nuclear, missile, or chemical biological weaponry end uses. Please consult the Bureau of Industry and Security web page www.bis.doc.gov before exporting Novell products from the U.S. Please refer to http://www.novell.com/company/legal/ for more information on exporting Novell software. Upon request, Novell will provide You specific information regarding applicable restrictions. However, Novell assumes no responsibility for Your failure to obtain any necessary export approvals. 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 (b) (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, 2000-2011 Novell, Inc. All Rights Reserved. (112111) Novell is a registered trademark of Novell, Inc. in the United States and other countries. NetIQ and AppManager are registered trademarks of NetIQ Corporation. Appendix A Novell Operations Center Products Definitions "Instance" means the initial copy of the Software necessary for execution of the Software and each additional copy (or partial copy) of the Software stored or loaded in memory or virtual memory. Commercial Use License. Novell Operations Center Software (“NOC”) licensing is based on Your selection of project-based packages or the full NOC capability and requires that You purchase an Instance license for each Instance of the Software. Each Instance license for any of the NOC packages specified in the title of this Agreement includes use of an Instance of the engine software (“Engine Software”) as well as the following features and capabilities: • • • • Novell Integration Modules that integrate NOC Engine Software with other Novell products Dashboards with unlimited internal dashboard users Service Configuration Manager Ten (10) concurrent client connections to the Operator Console In addition to the above, You are licensed to use those capabilities referenced below for each Instance license You have purchased for the applicable package. Novell Operations Center for Service Measuring • One (1) Instance of the Engine Software • One (1) third party integration module (which allows You to integrate the Instance of the Engine Software with one nonNovell application or system) • Service Level Manager • Excludes Event Manger, Experience Manger, and Configuration Management System Novell Operations Center for Service Mapping • One (1) Instance of the Engine Software • One (1) third party integration module license (which allows You to integrate the Engine Software with one non-Novell application or system) • Configuration Management System • Excludes Service Level Manager, Event Manager and Experience Manager Novell Operations Center for Service Monitoring • One (1) Instance of the Engine Software • One (1) third party integration module license (which allows You to integrate the Engine Software with one non-Novell application or system) • Event Manager • Experience Manager • Excludes Service Level Manager and Configuration Management System Novell Operations Center 5.0 • One (1) Instance of the Engine Software • One (1) Non-Production Use License • Three (3) third party integration module licenses (which allows You to integrate the Engine Software with three (3) nonNovell applications or systems) • Event Manager • Experience Manager • Service Level Manager • Configuration Management System Client Console Connection Licenses. You must have a client console connection license for each concurrent client connection to the Operator Console. Ten client connection licenses are included with each Instance license for the Engine Software. Additional client connections licenses may be purchased separately. Third Party Module Licenses. You must have a third party module license for each third party application or system that you integrate with each Instance of the Engine Software. Additional third party module licenses may be purchased separately. Non-Production Use License. If You have purchased a license for non-production use for Your applicable package, You may only install and use the Software in a non-production environment for testing, cold back-up, staging and lab purposes. The Software may not be installed in a production environment or used for production purposes. You must purchase a non-production use license for each Instance of the Software installed or used in a non-production environment. A Non-Production Use License is included with each Instance license for the full capability package of the Novell Operations Center 5.0 Software. Appendix B NetIQ AppManager Operations Portal Definitions "Instance" means the initial copy of the Software necessary for execution of the Software and each additional copy (or partial copy) of the Software stored or loaded in memory or virtual memory. “Non-Production Use” means right to install and use one Instance of the Software in a non-production environment for testing, cold back-up, staging and lab purposes. The Software may not be installed in a production environment or used for production purposes. Commercial Use License. Subject to compliance with the terms herein, You are authorized to install and use one Instance of the NetIQ AppManager Operations Portal (“AMOP”) Software in connection with Your licensed use of the NetIQ AppManager product (“AppManager”). You are also authorized to install and use one Instance of AMOP for Non-Production Use. NetIQ AppManager licenses are sold separately from AMOP licenses. Use of the AMOP Software is limited to use solely with the AppManager product. The AMOP Software includes features that are not enabled by the AMOP license key and are not available for Your use. If You desire to use any of these additional features or to deploy more than one Instances of the AMOP Software, please consider purchase of the Novell Operations Center offerings which include these additional features. In order to use the AMOP Software, You must purchase the following AMOP licenses: (i) a Server license for each Server in Your AppManager Deployment; (ii) a Device license for each Point Product (other than phones); and (iii) a Phone license for each Point Product that constitutes a phone. You must license all Servers and Point Products in your AppManager Deployment. Please see below for AppManager related definitions. “AppManager Core” means that group of core components including management servers, agents and databases (e.g., QDB, CCDB databases etc.) provided with your purchase of the NetIQ AppManager product. “AppManager Deployment” refers to the single collective grouping of an AppManager Core unit along with the modules, framework connectors, Point Products and management console(s) that interact with such AppManager Core. “CPU” means a central processing unit core in a physical server. For clarity, this term will refer to each core on a multi-core processor (sometimes referred to as a socket) as reported by the operating system, which shall be counted as one (1) CPU. With virtualization, each single virtual server needs to be licensed for the number of CPU cores configured for that virtual server. “Manage” or “Managing” means the ability to provide information or data to, receive information or data about and/or to execute command functions against, either directly, indirectly or remotely. “Point Product” means a non-AppManager, application or network device such as a phone, switch, router, gateway, or similar devices whether physical or virtualized. “Server” means a single (whether virtualized or physical non-virtualized) server, Blade Server (as defined below), desktop, network device or machine, each as may be applicable. By way of example, each instance of a virtual machine on a physical server shall count as one (1) server. Blade Server means a single mother board that contains at least one CPU and memory that is installed within a blade chassis designed to support multiple blade servers.
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