SUSE(r) Linux Enterprise Software Development Kit 11 Service Pack 4

SUSE End User License Agreement 

PLEASE READ THIS AGREEMENT CAREFULLY.  BY PURCHASING, INSTALLING, DOWNLOADING 
OR OTHERWISE USING THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE 
TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT 
PERMITTED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE AND YOU SHOULD NOTIFY THE 
PARTY FROM WHICH YOU PURCHASED THE SOFTWARE TO OBTAIN A REFUND.   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 End User License Agreement ("Agreement") is a legal agreement between You 
(an entity or a person) and SUSE LLC ("Licensor").  The software product 
identified in the title of this Agreement for which You have acquired 
licenses, any media or reproductions (physical or virtual)   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.  If the laws of Your principal place of 
business require contracts to be in the local language to be enforceable, such 
local language version may be obtained from Licensor upon written request and 
shall be deemed to govern Your purchase of licenses to the Software.  Any 
add-on, update, mobile application, module, adapter or support release to the 
Software that You may download or receive that is not accompanied by a license 
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.  

LICENSED USE 

LICENSES. The Software and each of its components are owned by Licensor or 
other licensors and are protected under copyright laws and other applicable 
laws. Subject to compliance with the terms and conditions of this Agreement, 
Licensor grants to You a perpetual, non-exclusive, non-transferable, worldwide 
license to reproduce and use copies of the Software within Your Organization 
(as defined below) solely in connection with, and for the duration of, your 
lawfully acquired licenses for SUSE Linux Enterprise Server 12, SUSE Linux 
Enterprise Desktop 12 and associated products.  Associated products currently 
include, but are not limited to, the following:  WebYaST, SUSE Linux 
Enterprise High Availability Extension, GEO Clustering for SUSE Linux 
Enterprise High Availability Extension, SUSE Linux Enterprise Real Time 
Extension, SUSE Linux Enterprise Point of Sale, SUSE Linux Enterprise Server 
for SAP applications.   

"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. A public sector example of an Organization would be a specific 
government body or local government authority. 

THIRD PARTY SOFTWARE/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 source 
licenses to any open source code contained in the Software.  The Software may 
include or be bundled with other software programs licensed under different 
terms and/or licensed by a third party other than Licensor.  Use of any 
software programs accompanied by a separate license agreement is governed by 
that separate license agreement.   

SUBSCRIPTION SERVICES.  Licensor has no obligation to provide maintenance or 
support unless You purchase a subscription offering that expressly includes 
such services.  Licensor sells subscription offerings for the Software that 
entitles You to fee based technical support and/or internal use of Software 
updates provided on a specified annual period ("Subscription Offering") and 
are subject to the terms of the Subscription Offering Terms and Conditions 
available here https://www.suse.com/products/terms_and_conditions.pdf.  

MARKS. No right or license, express or implied, is granted under this 
Agreement with respect to any trademark, trade name or service mark of 
Licensor or its affiliates or licensors ("Mark"). This Agreement does not 
permit you to distribute the Software or its components using Licensor's 
trademarks, regardless of whether the copy has been modified.  You may make a 
commercial redistribution of the Programs only if (a) permitted under a 
separate written agreement with Licensor authorizing such commercial 
redistribution, or (b) you remove and replace all occurrences of any Mark.   

RESTRICTIONS 

License Restrictions.  The Software and each of its components are owned by 
Licensor and/or its licensors and are protected under copyright law and under 
other laws as applicable. Title to the Software and any component, or to any 
copy, modification, or merged portion shall remain with Licensor and other 
licensors, subject to the applicable license.  Licensor reserves all rights 
not expressly granted to You.  The Software is licensed for Your internal use 
only.  Except as this Agreement expressly allows and without limiting any 
rights or obligations set forth in the "Third Party/Open Source" section 
above, You may not (1) remove any patent, trademark, copyright, trade secret 
or other proprietary notices or labels on the Software or its documentation; 
(2) modify, alter, create derivative works, reverse engineer, decompile, or 
disassemble the Software except and only to the extent expressly permitted by 
applicable law; (3) transfer, assign, pledge, rent, timeshare, host or lease 
the Software, or sublicense any of Your license grants or rights under this 
Agreement; in whole or in part, without prior written permission of Licensor, 
(4) disclose the results of any performance, functional or other evaluation or 
benchmarking of the Software to any third party without the prior written 
permission of Licensor.

Outsourcing Requirements. Your license to use the Software may be used under 
the terms of this Agreement by a third party acting on Your behalf, such as a 
third party cloud provider or outsourcing vendor  who manages or hosts (either 
remotely or virtually) the Software for You, subject to and conditioned upon 
Your adherence to the following:  (1) You remain responsible for all of Your 
obligations under this Agreement and  enter into an enforceable agreement with 
the third party that contains terms and conditions to protect Licensor's 
rights in the Software that are no less restrictive than those contained in 
this Agreement, including without limitation the Verification section below; 
(2) You prohibit use of the Software by the third party for any purpose other 
than Your sole benefit; (3) You are solely responsible to Licensor for any and 
all breaches of this Agreement by the third party; and (4) You are and will 
remain current on subscription purchases that cover all installations and 
deployments of the Software by the third party on Your behalf.  

Appliance License.  If, either directly from Licensor or from a third party, 
you have received a hardware, software or other appliance that uses the 
Software, You acknowledge and agree to use the Software solely for the purpose 
of running the appliance and not as a general purpose operating system.   

OWNERSHIP  

No title to or ownership of the Software is transferred to You.  Licensor 
and/or its third party 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.  The Software is not sold to You, You 
acquire only a conditional license to use the Software.  Title, ownership 
rights and intellectual property rights in and to the content accessed through 
the Software are the property of the applicable content owner and may be 
protected by applicable copyright or other law.  This Agreement gives You no 
rights to such content. 

LIMITED WARRANTY 

Licensor warrants that the media that the Software is delivered on will be 
free from defects in materials and manufacture under normal use for a period 
of sixty (60) days from the date of delivery to you.    THE FOREGOING WARRANTY 
IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, 
EXPRESS OR IMPLIED.  SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED 
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. 

Services.  Licensor 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 thirty (30) days following delivery of 
the Services.  Upon any breach of this warranty, Licensor'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 Licensor for the portion of the 
Services that fail to comply with this warranty.  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. 

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

EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND 
ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS 
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY 
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. 
 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH 
IN THIS LIMITED WARRANTY.  LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR 
SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING 
SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE 
UNINTERRUPTED OR ERROR-FREE.  THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN 
ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE 
PRICE CHARGED FOR THE PRODUCTS.  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 

Consequential Losses.  NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, 
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, 
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES, 
WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER TORT, BREACH 
OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION 
LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE 
DAMAGES. 
Direct Damages.  IN NO EVENT WILL LICENSOR'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 caused by the negligence of 
Licensor or its employees, agents or contractors.  In those jurisdictions that 
do not allow the exclusion or limitation of damages, including, without 
limitation, damages for breach of any implied terms as to title or quiet 
enjoyment of any Software obtained pursuant to this Agreement or for 
fraudulent misrepresentation, Licensor'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. Licensor has the right to verify Your compliance with this 
Agreement. You agree to: (1)  Implement internal safeguards to prevent any 
unauthorized copying, distribution, installation, use of, or access to, the 
Software or Subscription Offerings; (2)  Keep records sufficient to certify 
Your compliance with this Agreement, and, upon request of Licensor, provide 
and certify metrics and/or reports based upon such records and account for 
both numbers of copies (by product and version) and network architectures as 
they may reasonably relate to Your licensing and deployment of the Software or 
Subscription Offerings; and  (3)  Allow a Licensor representative or an 
independent auditor ("Auditor") to inspect and audit Your (including any 
subsidiaries or affiliates or contractors with access), computers and records, 
during Your normal business hours, for compliance with the licensing terms for 
Licensor's software products and/or Subscription Offerings. Upon Licensor's 
and Auditor's presentation of their signed written confidentiality statement 
form 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 or Subscription 
Offerings, You will, within 30 days, purchase sufficient licenses or 
Subscription Offerings to cover any shortfall without benefit of any otherwise 
applicable discount and subject to fees reflecting the duration of the 
shortfall. If a shortfall of 5% or more is found, You must reimburse Licensor 
for the costs incurred in the audit. 
Transfer.  This Agreement and the associated licenses purchased for use of the 
Software may not be transferred or assigned without the prior written approval 
of Licensor. Any such attempted transfer or assignment shall be void and of no 
effect.  Please contact CRC@suse.com to request the transfer of licenses and 
assignment of this Agreement.  
Law. All matters arising out of or relating to this Agreement will be governed 
by the substantive laws of the United States and the State of Utah without 
regard to its choice of law provisions. Any suit, action or proceeding arising 
out of or relating to this Agreement may only be brought before a federal or 
state court of appropriate jurisdiction in Utah.  If a party initiates 
Agreement-related legal proceedings, the prevailing party will be entitled to 
recover reasonable attorneys' fees.  If, however, Your principal place of 
business is a member state of the European Union or the European Free Trade 
Association, (1) the courts of Ireland shall have exclusive jurisdiction over 
any action of law relating to this Agreement; and (2) where the laws of such 
country of Your principal place of business are required to be applied to any 
such action of law the laws of that country shall apply.  The application of 
the United Nations Convention of Contracts for the International Sale of Goods 
is expressly excluded. 
Entire Agreement.  This Agreement, together with any other purchase documents 
or other agreement between You and Licensor, sets forth the entire 
understanding and agreement between You and Licensor and may be amended or 
modified only by a written agreement agreed to by You and an authorized 
representative of Licensor.  NO THIRD PARTY 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.  You acknowledge that Licensor's products and/or technology 
are subject to the U.S. Export Administration Regulations (the "EAR") and You 
agree to comply with the EAR.  You will not export or re-export Licensor's 
products, directly or indirectly, to: (1) any countries that are subject to US 
export restrictions; (2) any end user who You know or have reason to know will 
utilize Licensor's products in the design, development or production of 
nuclear, chemical or biological weapons, or rocket systems, space launch 
vehicles, and sounding rockets, or unmanned air vehicle systems, except as 
authorized by the relevant government agency by regulation or specific 
license; or (3) any end user who has been prohibited from participating in the 
US export transactions by any federal agency of the US government. By 
downloading or using the Software, You are agreeing to the foregoing and You 
are representing and warranting that You are not located in, under the control 
of, or a national or resident of any such country or on any such list. In 
addition, You are responsible for complying with any local laws in Your 
jurisdiction which may impact Your right to import, export or use Licensor's 
products.  Please consult the Bureau of Industry and Security web page 
www.bis.doc.gov before exporting items subject to the EAR. For more 
information on exporting Software, including the applicable Export Control 
Classification Number (ECCN) and associated license exception (as applicable), 
see www.suse.com/company/legal/. Upon request, Licensor's International Trade 
Services Department can provide information regarding applicable export 
restrictions for Licensor products. Licensor assumes no responsibility for 
Your failure to obtain any necessary export approvals. 
U.S. Government Restricted Rights.  Use, duplication, or disclosure of any 
Deliverables by the U.S. Government is subject to the restrictions in FAR 
52.227-14 (Dec 2007) Alternate III (Dec 2007), FAR  52.227-19 (Dec 2007), or 
DFARS 252.227-7013(b)(3) (Nov 1995), or applicable successor clauses. 

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