SUSE(r) LINUX Enterprise 10 SP 1
Software Development Kit (SDK)
Novell(r) 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  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 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.  You may make and use unlimited
copies of the Software for Your distribution and use within Your Organization. 
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.

The Software is a collection of software development tools.  Most of the
components are open source packages, developed independently, and accompanied by
separate license terms.  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.

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 the terms 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

Your rights with respect to updates, patches, or other materials received under
a subscription to a Novell maintenance program for the Software are defined by
the relevant maintenance program terms.

Novell has no obligation under this Agreement to provide maintenance or support
for the Software.  Depending on how You acquired the Software, You may have also
acquired a maintenance subscription for the Software.    For more information on
Novell's current maintenance and support offerings, see
http://www.novell.com/support.

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 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.

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.

Copyright 1993, 2000-2006 Novell, Inc. All Rights Reserved.
(020706)
Novell and SUSE are registered trademarks, and the SUSE logo is a trademark, of
Novell, Inc. in the United  States and other countries.
Linux is a registered trademark of Linus Torvalds. 


