Novell Year 2000 Information Ferret Software License
The Novell Year 2000 Information Ferret software and documentation (respectively "Software" and "Documentation") you acquire from Novell is protected by the copyright laws of the United States and international copyright treaties. In addition, the possession of the Software and Documentation is subject to the restrictions contained in this License.
Reliance on Software. The Software is designed for the sole purpose of identifying Novell software products that may not be Year 2000 Compliant. Do not use the Software if you do not agree to the terms of this License Agreement and the separate Limited Warranty that accompanies this Software License.
Definition
"Year 2000 Compliant" or "Year 2000 Compliance" means the ability of a computer product to accurately function beyond the year 1999.
License. Subject to the payment of the relevant license fee, Novell grants You a non-exclusive, non-transferable, worldwide license to use and reproduce the Software internally within Your organization to identify Novell software products that may not be Year 2000 Compliant. You agree not to rely on the Software, or the results produced by the Software, as Your sole or primary means for determining lack of Year 2000 Compliance, and agree that such results only provide information that may be a portion of the information to test for lack of Year 2000 Compliance.
No Support. Novell has no obligation to support the Software.
Protection of Software. You agree to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code and embodied trade secrets are not licensed to you. You agree not to reverse assemble or reverse compile the Software in order to discover the source code and/or the trade secrets contained in the source code.
Copies and Adaptations. Except as expressly stated in the License section above, You may not make or authorize the making of copies or adaptations of the Software unless each copy is created as an essential step in the utilization of the Software and is used in no other manner, or is for archival purposes only to back-up use of the Software. All proprietary rights notices must be faithfully reproduced and included on all copies and adaptations. You may not copy the Documentation.
Ownership. Ownership of, and title to, the Software and Documentation (including any adaptations or copies) shall be held by Novell and/or its licensors. Copies are provided to You only to allow You to exercise your rights under this License. Only this License is purchased by You.
Transmission and Utilization of Data. By means of the Software, You may submit Year 2000 Compliance information to Novell and Novell may transmit a corresponding Year 2000 Compliance status report to You. The data so transmitted is in compressed form, but is not encrypted. Novell disclaims any responsibility arising out of the transmission of this data.
Novell respects the privacy of its customers. Novell believes that responsible use of the information you share with Novell is of the utmost importance. This information will be transmitted to Novell and may be used to provide you with information concerning the Year 2000 Compliance of your Novell software. Your access to certain data on your Novell server(s) may be limited by your access rights. Novell suggests that the Software be utilized by your System Administrator (Console Operator) to gain the maximum benefit from the Software. Novell is not responsible for errors or omissions in data provided to Novell by the user or by Novell in connection with use of the Software. User acknowledges that use of the Software and transmission of this data to Novell does not violate any law, regulation, or policy that would prohibit such action.
Any personal data supplied herein may be processed and recorded in one or more database(s) under the control of Novell, Inc. The supplying of all data is optional. However, failure to supply data may result in limited access to the Year 2000 status information provided by the Software and will limit the ability to utilize the Software. This data is intended for use by Novell Inc., its subsidiaries and reseller channel, for purposes of identification and authentication, direct marketing and to assist you with Year 2000 Compliance information concerning Novell products.
By installing the Software and providing information to Novell you acknowledge having read and accepted these conditions and grant Novell permission to utilize the data provided as described.
General Terms
Term. This License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all copies and adaptations. This License shall also automatically terminate if you breach any of the terms or conditions. You agree to destroy the original and all adaptations or copies of the Software and Documentation, or to return them to Novell upon termination of this License.
Transfer. This License may not be transferred or assigned without the prior written approval of Novell.
Governing Law. Except as otherwise restricted by law, this License shall be governed by, and interpreted in accordance with, the laws of the State of Utah of the United States of America, without regard to laws of Utah governing conflicts of law. Furthermore, it is understood that this License shall be treated as though it were executed in Utah County of the State of Utah. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of the State of Utah.
Entire License. This License sets forth the entire understanding and License between you and Novell and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS LICENSE OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS LICENSE.
Waiver. No waiver of any right under this License shall 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 shall be deemed to be a waiver of any future right arising under this License.
Severability. If any provision in this License is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.
Export. Regardless of any disclosure made by you to Novell of an ultimate destination of the Software, you will not export or transfer, whether directly or indirectly, the Software, or any portion thereof, or any system containing such Software or portion thereof, to anyone outside the United States (including further export if you took delivery of the Software outside the United States) without first complying strictly and fully with all export controls that may be imposed on the Software by the United States Government or any country or organization of nations within whose jurisdiction you operate or do business. In particular, you assure Novell that, absent any required prior authorization from the Bureau of Export Administration, U.S. Department of Commerce, 14th and Constitution Avenue, Washington DC 20230, you will not export or re-export (as defined in Section 734.2(b) of the Export Administration Regulations, as amended ("Regulations")) the Software or any technical data or other confidential inform
ation, or direct product of any of the foregoing to any country in Country Groups D:1 or E:2 as defined in the supplement No. 1 to Section 740 of the Regulations, or such other countries as come under restriction by action of the United States Government, or to nationals from or residing in the foregoing countries, without first obtaining permission from the appropriate United States Government authorities. The countries subject to restriction by action of the United States Government are subject to change, and it is your responsibility to comply with the United States Government requirements as they may be amended from time to time.
U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to the restrictions in FAR º 52.227-14 (Jun 1987) Alternate III (June 1987), FAR º 52.227-19 (June 1987), or DFARS º 252.227-7013 (b)(3) (Nov 1995), or applicable successor clauses. Contractor/ Manufacturer is Novell, Inc.,122 East 1700 South, Provo, Utah 84606.
Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Limited Warranty
Media. Novell warrants the physical media of the Software (as that term in defined in the Novell Year 2000 Information Ferret Software License) you acquire from Novell against physical defects for a period of 90 days from installation or purchase, whichever is later. Your sole remedy for defective media is replacement.
Software. The Software you acquire from Novell is provided "AS IS" and without any warranties of any kind. You should not rely on the Software as your sole or primary method of determining Year 2000 Compliance (as that term in defined in the Novell Year 2000 Information Ferret Software License); any test results from using the Software can only provide a portion of the information needed to test your system, and should not be considered to determine conclusively Year 2000 Compliance. Further, the Software might not function on certain platforms. In addition, because of the inherent complexities of computer hardware, software and networks, and the wide variety of uses of computer systems, Your computer systems may change several times between now and the year 2000. As a result, in addition to the general disclaimers set forth later in this License Agreement, Novell must disclaim any responsibility for the accuracy or adequacy of any information generated by the Software.
Disclaimer. NOVELL EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PRODUCED BY THE SOFTWARE. THIS SOFTWARE MAY NOT BE SUITABLE FOR USE IN ALL SITUATIONS, AND ANY USE BY YOU IS AT YOUR OWN RISK. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT SUCH SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights which vary from state to state.
Limitation on Liability. NOVELL'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR DOCUMENTATION ACQUIRED FROM NOVELL IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE SOFTWARE AND DOCUMENTATION. NOVELL SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF NOVELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVELL IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(c) Copyright 1998 Novell, Inc. All Rights Reserved.
Novell is a registered trademarks of Novell, Inc. in the United States and other countries.
