﻿SUSE LINUX Enterprise Server (SLES) 9
Novell 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 goverment body or local goverment 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://support.novell.com.

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, 2000-2004 Novell, Inc. All Rights Reserved.

Novell  is  a  registered   trademark,  and  SUSE  LINUX  is
registered trademark,  and the SUSE logo is  a trademark, of
SUSE LINUX  AG, a Novell  company, in the United  States and
other countries.   Linux is a registered  trademark of Linus
Torvalds. 

06/22/04
