SUSE(r) Linux Enterprise 11 High Availability Extension
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. 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.

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 (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.  

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, 2000-2009 Novell, Inc. All Rights Reserved.
(022609)

Novell and SUSE LINUX 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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