SUSE(R) Linux Enterprise 11 High Availability Extension SP2
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.

RIGHTS AND LICENSES

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, any media 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.  Any update or support release to the 
Software that You may download or receive that is not accompanied by 
a license agreement expressly superseding this Agreement is Software 
and governed by this Agreement.  If the Software is an update or 
support release, then You must have validly licensed the version and 
quantity of the Software being updated or supported in order to 
install or use the update or support release.

The Software is 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, 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; 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. 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.

OTHER LICENSE TERMS AND RESTRICTIONS

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 (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 support or maintenance unless 
You purchase an offering that expressly includes support or 
maintenance services.  If You make such a purchase and no separate 
agreement specifically applies to the support or maintenance 
services, then the terms of this Agreement will govern the provision 
of such support or maintenance services ("Services").  For more 
information on Novell's current 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 retain all right, title and interest in 
and to all intellectual property rights in the Software and 
Services, including any adaptations or copies thereof.  Any 
materials You receive as part of the Services that are not 
accompanied by terms expressly superseding this Agreement are 
Software and governed by this Agreement.  You acquire only a 
conditional 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 unauthorized use or 
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.)

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. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. 
Call Novell or Your reseller for information about compatibility.

Non-Novell Products.  The Software may include or be bundled with 
hardware or other software programs or services licensed or sold by 
a entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL 
PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON 
AN "AS IS" BASIS. WARRANTY SERVICE IF ANY 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR 
NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, REPRESENTATION OR 
PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL 
DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR 
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVCIES 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 by 
state or jurisdiction.

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 OR SERVICES, 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 OR SERVICES 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.
Verification. 
Novell has the right to verify Your compliance with this Agreement. 
You agree to: keep records relating to the Software products You 
have installed, copied or used; upon request of Novell, provide 
Novell with written certification of Your use; and allow a Novell 
representative to inspect and audit your computers and records for 
compliance with this Agreement during your normal business hours. 
You shall fully cooperate with such audit and provide any necessary 
assistance and access to all records and computers. If an audit 
reveals that You have or at any time have had unlicensed 
installation or use of the Software, you will promptly acquire 
sufficient licenses to cover any shortage. If a material license 
shortage of 5% or more is found, You must reimburse Novell for the 
costs incurred in the audit and acquire the necessary additional 
licenses within 30 days without benefit of any otherwise applicable 
discount.
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 sources 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 sets forth the entire 
understanding and agreement between You and Novell and may be 
amended or modified only by a written agreement agreed to by You and 
an authorized representative of Novell.  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 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 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.

(c)1993, 2000-2012 Novell, Inc. All Rights Reserved.
(011812)

Novell and SUSE are registered trademarks of Novell, Inc. in the 
United States and other countries. 

All third party trademarks are property of their respective owners.
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                  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