Novell eDirectory 8.8 Novell Software License Agreement

Novell eDirectory 8.8 Novell Software License Agreement
Novell® eDirectory® 8.8
Novell Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY, BY INSTALLING 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. 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”). The software product identified in the title of this Agreement, media (if any) and accompanying documentation
(collectively 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. If You do not agree with the terms of this Agreement, do not download, install or otherwise
use the Software and, if applicable, return the entire unused package to the reseller with Your receipt for a refund. The Software is
licensed to You, not sold.
The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor
other than Novell. Use of any software programs accompanied by a separate license agreement is governed by that separate
license agreement. Any third party software that may be provided with the Software is included for use at Your option. Novell is
not responsible for any third party's software and shall have no liability for Your use of third party software.
LICENSED USE
Commercial Software.
“Bundled Offering” is an offering, legally distributed by a third party, comprised of the Software distributed in combination or
association with a product of that third party (referred to hereafter as the “Bundled Product”).
“Server Software” means the components of the Software that operate on a central processing unit (CPU), or group of CPUs, and
that provide access to shared resources.
“Client Software” means the components of the Software that permit access to Server Software from another device.
"User" means a user object in a single directory tree (or other class of object that contains data representing a person, such as
objects containing credit card information or PIN numbers) that has (a) access or use rights to any portion of the Software, or (b)
access or use rights to products (devices, hardware, or software) being managed by the Software, regardless of whether the user
object is assigned to a person or device. User objects (or other classes of objects) representing the same person that are linked to
each other within a single tree and/or linked across multiple trees count as only one User.
Licenses.
One of the following licenses applies depending on which software You acquired. Client Software may be used only to access
Server Software or other Novell software. Use of any software programs accompanied by a separate license agreement shall be
governed by that separate license agreement.
Novell eDirectory License (Bundled Offering with non-Novell products). This license grant applies to You if You acquired the
Software as part of a Bundled Offering. Subject to the terms and conditions of this Agreement, Novell grants to You a nonexclusive, non-transferable right to internally make, distribute, and use within Your company an unlimited number of copies of the
Software, provided that the aggregate number of Users within Your company does not exceed 250,000 Users. Each person who
accesses or uses the Software must have at least one user object uniquely assigned to that person and access the Software
through the user object. These licenses are not upgradeable. Regardless of how many copies of Novell eDirectory You receive as
part of this Bundled Offering or other Bundled Offerings, Your use of Novell eDirectory licenses granted as part of a Bundled
Offering with non-Novell products is limited to 250,000 licenses per company. You must acquire a Novell eDirectory license (other
than as part of a Bundled Offering) for each User in excess of 250,000 Users.
Novell eDirectory License (Not As Bundled Offering) This license grant applies to You if You did not acquire the Software as
part of a Bundled Offering. Subject to the terms and conditions of this Agreement, Novell grants to You a non-exclusive, nontransferable right to internally make, distribute, and use within Your organization an unlimited number of copies of the Software,
provided that the aggregate number of Users does not exceed the quantity of user licenses You have legally acquired. Each
person who accesses or uses the Software must have at least one user object uniquely assigned to that person and access the
Software through the user object.
Novell eGuide 2.1, ConsoleOne, Novell iMonitor, Novell iManager, Novell Certificate Server, Novell Internet Cryptographic
Infrastructure (NICI). You are authorized to install and use the Software identified in this paragraph internally within Your
organization or entity in connection with Your lawful use of eDirectory.
Novell Modular Authentication Services (NMAS™), Standard Edition. The quantity of user licenses for the NMAS, Standard
Edition Software included with Your purchase of the Novell eDirectory Software is equal to the number of user licenses You have
acquired for the Novell eDirectory Software. You must have a user license for each User of the NMAS, Standard Edition Software.
Each person who accesses or uses the Software must have at least one user object uniquely assigned to that person and access
the Software through the user object. The foregoing NMAS licenses are also subject to the license agreement accompanying the
NMAS, Standard Edition Software, if any.
Evaluation Software. If the Software is an evaluation version or is provided to You for evaluation purposes, then Your license to
use the Software is limited solely to internal evaluation purposes in accordance with the terms of the evaluation offering under
which You received the Software and expires 90 days from installation (or such other period as indicated by the Software) and the
Software may cease to function. Upon expiration of the evaluation period, You must discontinue use of the Software, return to an
original state any actions performed by the Software, and delete the Software entirely from Your system. 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.
RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly granted to You. You may not: (1) increase, by any means
whatsoever, the number of connections supported by the Software and licensed to You or support more than one connection or
user through a single connection; (2) reverse engineer, decompile, or disassemble the Software except and only to the extent it is
expressly permitted by applicable law; (3) modify, alter, rent, timeshare or lease the Software or sublicense any of Your rights
under this Agreement; or (4) transfer the Software or Your license rights under this Agreement, in whole or in part.
Suite Licenses. If Your license to use th Software is for a suite of products, then only one user may use all products in the suite
(unless otherwise indicated by the Software). The suite license does not allow use of individual products in the suite by multiple
users.
Upgrade Protection. If You purchased upgrade protection or maintenance under a Novell program for this Software, the upgrade
protection or maintenance only entitles You to upgrades of the Software as a whole and does not entitle You to upgrades of any
component programs or products bundled with the Software or any individual suite products if the Software is licensed as a suite of
products. You may separately purchase upgrade protection or maintenance for individual components of the Software if permitted
by the applicable Novell policies.
Upgrade License. This section applies to You if the Software is an upgrade version or is provided to You as an upgrade. “Original
Product” means the product from which You are upgrading. You are authorized to use the Software only if You are the sole and
original, authorized user of the Original Product and You meet the following conditions: (1) You have acquired the right to use the
Software solely to replace the Original Product that You acquired legally and that qualified to be upgraded with the Software under
the Novell policies existing at the time You acquired the Software; (2) You installed and used the Original Product in accordance
with the terms and conditions of the applicable license agreement; (3) At the time You acquired the Original Product, You acquired
a completed and authentic copy of the Original Product, including all disks and manuals, and not simply a master or license disk;
(4) You have not acquired the Original Product as scrap or through a second hand purchase from a dealer, distributor or another
end user; (5) You will permanently discontinue use of the Original Product within sixty (60) days of installation of the Software; and
(6) You will not sell or otherwise transfer possession of the Original Product.
Additive License. This section applies to You if You are acquiring the Software to add additional users or servers to a previously
acquired product (referred to below as the “Base Product”). You are authorized to use the Software only if You are the sole and
original, authorized user of the Base Product and You meet the following conditions: (1) You have acquired the right to use this
Software solely to add additional users or servers to the Base Product that You acquired legally; (2) At the time You acquired the
Base Product, You acquired a complete and authentic copy of the Base Product, including all disks and manuals, and not simply a
master or license disk; and (3) You have not acquired the Base Product as scrap or through a second hand purchase from a
dealer, distributor or another end user.
Support. Novell has no obligation to provide support for the Software. For more information on Novell's current support offerings,
see http://support.novell.com.
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.
LIMITED WARRANTY
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 misuses or
unauthorized modification of the Software voices 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 CONTROLL SYSTETMS, DIRECT
LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVER 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 compatibility.
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 IWLL ANY
CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDIGN WITHOUT LIMITATION
LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
(b) 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
FO RHTE 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 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 developer or licensor or if You are
performing testing on the Software at the direction of or on behalf of a software developer or licensor. 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 licensor of products that are functionally similar to or compete with the Software (“Similar
Products”), or are acting on behalf of such a licensor, 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.
Open Source. 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 any applicable open source licenses to any open source code contained in the
Software.
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 PROMIS 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 products or technical information provided under this Agreement may be subject to U.S. export controls
and the trade laws of other countries. The parties agree to comply with all export control regulations and to obtain any required
licenses or classification to export, re-export or import deliverables. 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
www.novell.com/info/exports/ 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, 2000-2005 Novell, Inc. All Rights Reserved.
(051305)
Novell and eDirectory are registered trademarks and NMAS is a trademark of Novell, Inc. in the United States and other countries.
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