Novell iFolder(tm) Pre-Release
Novell(r) 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"). However, if You obtained the Software in Europe, the Middle-East or Africa, any license under this Agreement is granted to You by, or on behalf of, Novell Ireland Software Limited. 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 vendor 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

Subject to the terms and conditions of this Agreement, Novell(r) 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. You may use an equal quantity of NDS eDirectory 8.5 software (included with the Software) solely in connection with and solely for the purposes of Your evaluation of the Software. Your right to use the NDS eDirectory software terminates upon termination of the pre-release Software license. Since the Software is of pre-release quality, You should not use the Software in a commercial or production system.  Novell reserves all rights not expressly granted to You. Use of any software programs accompanied by a separate license agreement are provided for use at Your option and shall be governed by that separate license agreement.

Term.  This Agreement becomes effective on the date You legally acquire the Software and will remain in force until terminated as follows. This Agreement shall terminate upon the earlier of: (i) 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 Agreement.  Upon termination of this Agreement, You must cease use of the Software, destroy the original and all copies of the Software or return them to Novell, and delete the Software from Your systems. 

Pre-Release Quality.  The Software is of pre-release quality, 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 or that associated products will be released. The entire risk arising out of Your use of the Software remains with You.  Novell shall have no obligation to provide support for the Software. 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.

Confidentiality.  The Software, accompanying documentation, and related information are proprietary and confidential information of Novell and its suppliers "Confidential Information").  You agree not to disclose or provide the Software or other Confidential Information (including product features or the results of use or testing) to any third party or use the Software or other Confidential Information for any purpose other than testing and providing feedback to Novell.  You may not publish and bench marks based on the Software.  The obligations and restrictions in this Agreement shall no longer apply to Confidential Information which You can prove (a) is already known to You without an obligation to maintain its confidentiality, (b) becomes publicly known through no wrongful act by You, (c) is rightfully received from a third party without breach of an obligation of confidentiality owed to Novell, or (d) is independently developed by You without use of or reference to the Software or other Confidential Information.  This provision shall survive termination of this Agreement with respect to any Confidential Information that has not been made public by Novell as of the commercial release of the Software.  

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 the 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.

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.

WARRANTY DISCLAIMER

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 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.
 
Non-Novell Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a vendor 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 VENDOR IN ACCORDANCE WITH THE APPLICABLE VENDOR WARRANTY.

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. 
(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 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
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 sets forth the entire understanding and agreement between You and Novell and may be amended only in a writing signed by both parties. NO VENDOR, 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. You agree to comply with any international and national laws that apply to the Software and other Confidential Information, including the United States of America Export Administration Regulations, as well as any end-user and country-destination restrictions issued by the U.S. and other governments. Please refer to Export Matrix for Novell Products for more information on exporting the Software or other Confidential Information. You can download a copy from the following web site: http://www.novell.com/info/exports/matrix.html or You can 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 (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.

(c)1993, 2001 Novell, Inc. All Rights Reserved.

Novell is a registered trademark and Novell iFolder is a trademark of Novell, Inc. in the United States and other countries.
