openSUSE 10.3
Novell 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.

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 modular operating system comprised of numerous components
that may be accompanied by separate license terms.  The Software is a
collective work of Novell; although Novell does not own the copyright to
every component of the Software, Novell owns the collective work copyright
for the Software.  Most of the components are open source packages, and most
of the components are neither developed nor owned by Novell.  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; however,
if You distribute copies of any component independent of the Software, You
must remove all Novell trademarks, trade dress, and logos from each copy.

You may make and use unlimited copies of the Software within your
Organization.  With respect to any version containing the letters "OSS" in
the product name (with the exception of those versions containing the
letters "NON-OSS" in their product names), whereby the product name is
defined in the file "content" in the uppermost directory of the product, You
may make and distribute unlimited copies of the Software outside Your
organization. You may make and distribute unlimited modified copies outside
Your organization provided You remove all Novell trademarks, trade dress,
and logos from each modified copy of the Software. The term "Organization"
means a legal entity, excluding subsidiaries and affiliates with a separate
existence for tax purposes or for legal personality purposes. An example of
an Organization in the private sector would be a corporation, partnership,
or trust, excluding any subsidiaries or affiliates of the organization with
a separate tax identification number or company registration number. In the
public sector, an example of Organization would be a specific government
body or local government authority.

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 theterms 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.

MAINTENANCE AND SUPPORT

Novell has no obligation to provide maintenance or support for the Software.

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
misuse or unauthorized modification of 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.)

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. 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 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

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 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 enchmark 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
(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, 2000-2007 Novell, Inc. All Rights Reserved.

Novell, the "N" logo, openSUSE, the openSUSE logo and SUSE LINUX are
registered trademarks of Novell, Inc. in the United States and other
countries. Linux is a registered trademark of Linus Torvalds. Third party
trademarks are property of their respective owners.
