SUSE(R) Linux Enterprise High Availability Extension 11 SP3
SUSE Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING 
AND/OR USING THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO 
THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND 
UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO 
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. AN INDIVIDUAL ACTING ON 
BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO 
ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.

This SUSE Software License Agreement ("Agreement") is a legal 
agreement between You (an entity or a person) and SUSE LLC ("SUSE"). 
The software product identified in the title of this Agreement, its 
structure, organization, and accompanying documentation 
(collectively the "Software") is protected by the copyright laws and 
treaties of the United States and other countries and is subject to 
the terms of this Agreement. Any modification, update, enhancement 
or upgrade to the Software that You may download or receive that are 
not accompanied by a SUSE software license agreement expressly is 
included as Software and governed by this Agreement.

LICENSES. The Software and each of its components are owned by SUSE 
or other licensors and are protected under copyright laws and other 
applicable laws. Subject to compliance with the terms and conditions 
of this Agreement, SUSE grants to You a perpetual, non-transferable, 
worldwide license to reproduce and use copies of the Software within 
Your Organization (as defined below). Many of the individual 
components included in the Software are licensed pursuant to an open 
source license identified in the documentation or located in the 
source code or binary code for the component.  This Agreement does 
not limit Your rights under such licenses or supersede or conflict 
with the license terms or obligations for use of any individual open 
source component.  

"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.

SUBSCRIPTION SERVICES.  SUSE sells Subscription Services for the 
Software that entitle You to fee based technical support and 
internal use of Software updates provided during the Subscription 
Service period purchased and subject to the terms of the applicable 
Subscription Service offering. The fee charged for Subscription 
Services for this Software is based on the total number of units of 
the Software You deploy, install or use ("units" of the Software is 
defined by SUSE in the applicable subscription offering).

MARKS. No right or license, express or implied, is granted under 
this Agreement with respect to any trademark, trade name or service 
mark of SUSE or its affiliates or licensors ("Mark"). If You 
distribute any open source component of the Software, You must 
remove all Marks except those used to identify SUSE's ownership or 
licensing of the component.

TERMS AND RESTRICTIONS

SUSE 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.

SUSE 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 SUSE's current support offerings, see http://www.suse.com/support.

OWNERSHIP RIGHTS

No title to or ownership of the Software is transferred to You. SUSE 
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. The Software is licensed (not sold) to You.

LIMITED WARRANTY

Except as agreed to under a separate written agreement with SUSE or 
as may be set forth in the license terms accompanying a particular 
component, to the maximum extent permitted under applicable law, the 
Software is provided and licensed "AS IS" WITHOUT ANY WARRANTIES OF 
ANY KIND, express or implied, including any implied warranties of 
merchantability, non-infringement, or fitness for a particular 
purpose.  For sixty (60) days from the date of delivery, SUSE 
warrants that any media on which the Software is delivered is free 
from physical defects under normal use.  If the defective items are 
returned to SUSE or if You report the nonconformity to SUSE within 
the sixty (60) day warranty period, SUSE will at its option either 
replace the media or refund the fees You paid for the media. This 
warranty extends only to media provided by SUSE.  Any unauthorized 
use or modification of the Software voids this warranty.

Other Services. SUSE warrants that any consulting or technical 
support services purchased absent a separate written agreement for 
such services 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, SUSE'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 SUSE for the 
portion of the Services that fail to comply with this warranty. As 
files may be altered or damaged in the course of SUSE 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 SUSE or Your reseller for information about compatibility.

Non-SUSE Products. The Software may include or be bundled with 
hardware or other software programs or services licensed or sold by 
an entity other than SUSE. SUSE DOES NOT WARRANT NON-SUSE PRODUCTS 
OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN "AS 
IS" BASIS. WARRANTY SERVICE IF ANY FOR NON-SUSE PRODUCTS IS PROVIDED 
BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR 
WARRANTY.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, SUSE DISCLAIMS AND EXCLUDES 
ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR 
NON-INFRINGEMENT. SUSE MAKES NO WARRANTY, REPRESENTATION OR PROMISE 
NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. SUSE DOES NOT 
WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS 
OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES 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 SUSE 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 SUSE'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, SUSE'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. 
SUSE may, upon fifteen (15) days' advance notice and at its expense, 
conduct an annual audit, during Your normal business hours, of Your 
use of the Software and Documentation to verify compliance with this 
Agreement.  You agree to implement internal safeguards to prevent 
any unauthorized copying, distribution, installation, or use of, or 
access to, the Software.  You further agree to keep records 
sufficient to certify Your compliance with this Agreement, and, upon 
request of SUSE, provide and certify metrics and/or reports based 
upon such records and accounting both numbers of copies (by product 
and version) and network architectures as they may reasonably relate 
to Your licensing and deployment of the Software.  You shall provide 
SUSE or an authorized representative with access to records, 
hardware and employees in order to perform the audit.  Upon SUSE's 
or its authorized representative's presentation of their reasonable 
written commitment(s) to safeguard Your confidential information, 
You shall fully cooperate with such audit and provide any necessary 
assistance and access to records and computers.  If an audit reveals 
that You have or at any time have had unlicensed installation, use 
of, or access to 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 SUSE for the costs incurred 
in the audit and acquire the necessary additional licenses within 30 
days without the 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 SUSE'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 
SUSE may have, SUSE 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 SUSE.

Transfer. 
This Agreement may not be transferred or assigned without the prior 
written approval of SUSE.

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 SUSE and may be amended or modified only by a 
written agreement agreed to by You and an authorized representative 
of SUSE. 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 SUSE products from the U.S. Please 
refer to http://www.suse.com/company/legal/ for more information on 
exporting SUSE software. Upon request, SUSE will provide You 
specific information regarding applicable restrictions. However, 
SUSE 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 SUSE LLC, 404 Wyman Street, Suite 390, 
Waltham, MA  02451.

Other. The application of the United Nations Convention of Contracts 
for the International Sale of Goods is expressly excluded.

(c)2013 SUSE LLC or its affiliates.  All Rights Reserved.
(042513)

SUSE is a registered trademark of SUSE LLC or its affiliates in the 
United States and other countries. 
All third party trademarks are property of their respective owners.                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                                                            
                   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