openSUSE 11.1 Novell Pre-Release 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. You may make and distribute unlimited copies of the Software outside Your organization provided that: 1) You receive no consideration; and, 2) you do not bundle or combine the Software with another offering (e.g., software, hardware, or service). 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 (including, for example, the "Other License Terms and Restrictions," below) 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. Since the Software is of pre-release quality, You should not use the Software in a commercial or production system. The Software has not been fully tested and may contain errors and omissions. The Software should be used only in a testing environment. Novell does not guarantee that a commercial version of the Software will become generally available to the public, that target dates will be met, or that associated products will be released. The entire risk arising out of Your use of the Software remains with You. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data. Use of the Software is entirely at Your own risk. You understand and agree that Novell may use any feedback or information You provide and You hereby grant Novell a perpetual and irrevocable license to use all such feedback and information for any purpose without compensation to You, provided that Novell shall not publicly reference Your name in connection therewith. You represent and warrant that such feedback and information will not include any proprietary or confidential information of You or any third party and that You have full authority to grant the foregoing license. 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. THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY YOU. NOVELL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERTATION 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. 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. 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 Beta Agreement becomes effective on the date You legally acquire the Software and will remain in force until terminated as follows. This Beta Agreement shall terminate upon the earlier of: (i) 90 days from the date of installation of the Software, (ii) the next release of a pre-release version, if any, of the Software, (iii) first commercial shipment by Novell of the Software, (iv) written notice of termination by either party, or (v) the date on which You breach any of the terms of this Beta Agreement. Upon termination of this Beta Agreement, You must cease use of the Software, return to an original state any actions performed by the Software, destroy the original and all copies of the Software or return them to Novell, and delete the Software entirely 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. ©1993, 2000-2006 Novell, Inc. All Rights Reserved. Novell, the "N" logo, and SUSE LINUX are registered trademarks of Novell, Inc. and openSUSE and the SUSE "geeko" logo are trademarks of Novell, Inc. in the United States and other countries. Linux is a registered trademark of Linus Torvalds. Third party trademarks are property of their respective owners.