SUSE(r) LINUX Enterprise Server (SLES) 10 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  AND, IF APPLICABLE,
RETURN THE ENTIRE UNUSED PACKAGE TO THE RESELLER WITH YOUR
RECEIPT FOR A REFUND.  THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED,
OR FURTHER DISTRIBUTED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM
NOVELL.

RIGHTS AND LICENSES

This Novell Software License Agreement ("Agreement") is a legal
agreement between  You (an  entity or  a  person) and Novell,
Inc.  ("Novell") with respect to the software product identified
in the title of this Agreement, media (if any) and accompanying
documentation (collectively the "Software").

The Software is a collective work of Novell.  You may make and
use unlimited copies of the Software for Your distribution and
use 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.

The Software is a modular operating system.  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.

While the license terms for a component may authorize You to
distribute the component, You may not use any Novell marks (e.g.,
SUSE  and SUSE LINUX) in distributing the component, whether or
not the component contains Novell marks.

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 the  license terms accompanying a component of
the Software; or (2) transfer the Software or Your license rights
under this Agreement, in whole or in part.

MAINTENANCE AND SUPPORT

Your rights with respect to updates, patches, or other materials
received under a subscription to a Novell maintenance program for
the Software are defined by the relevant maintenance program
terms.

Novell has no obligation under this Agreement to provide
maintenance or support for the Software.  Depending on how You
acquired the Software, You may have also acquired a maintenance
subscription for the Software.    For more information on
Novell's current maintenance and 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 owns and retains all title and
ownership of all intellectual property rights in the Software,
including any adaptations or copies.  You acquire only a 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 misuse or unauthorized 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.)

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 dealer for
information about compatibility.

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

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, 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 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.  Upon termination of this Agreement, You
must destroy the original and all copies of the Software or
return them to Novell and delete the Software from Your systems.

Benchmark Testing.  This benchmark testing restriction applies to
You if You are a software vendor or if You are performing testing
on the Software at the direction of or on behalf of a software
vendor.  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 vendor of products that  are functionally  similar to or
compete with the Software ("Similar Products"), or are acting on
behalf of such a vendor, 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.

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 and the Upgrade/Additive
Agreement (if applicable) sets forth the entire understanding and
agreement between You and Novell and may be amended only in a
writing signed  by both  parties. 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 person or entity exporting or
re-exporting Novell products directly or indirectly and via any
means, including electronic transfer, is wholly responsible for
doing so in accordance with the U.S. Export Administration
Regulations and the laws of host countries.  Novell assumes no
responsibility or liability for your failure to obtain any
necessary export approvals.  Approvals are dependent upon an
item's technical characteristics, the destination, end-use and
end-user, as well as other activities of the end user.
Specifically, no Novell product may be exported to embargoed or
otherwise restricted countries or end users.  Please consult  the
Bureau of Industry and Security web page and other sources before
exporting Novell products from the U.S. and familiarize yourself
with the laws of destination countries before re-exporting Novell
products.  This provision shall survive the expiration or earlier
termination of this Agreement.  Please refer to the export matrix
for Novell  products for more information on exporting Novell
Software.  You can download a copy from
http://www.novell.com/info/exports/ or obtain a copy from your
local Novell office.

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.

Copyright 1993, 2000-2006 Novell, Inc. All Rights Reserved.
(020706) Novell and SUSE are registered trademarks, and the SUSE
logo is a trademark, of Novell, Inc. in the United  States and
other countries.  Linux is a registered trademark of Linus
Torvalds. 


