SUSE(R) Linux Enterprise Server ("SLES (tm)")11 SP1
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 a modular operating system 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. 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, 2000-2010 Novell, Inc. All Rights Reserved.
(04232010)

Novell and SUSE LINUX are registered trademarks and SLES is a
trademark of Novell, Inc. in the United States and other countries.

All third party trademarks are property of their respective owners.
