
SUSE(r) Linux Enterprise Software Development Kit 12 Service Pack 2

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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