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agree.txt
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1997-08-20
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NOVELL TERMS AND CONDITIONS
The software files ("SOFTWARE") you have obtained are protected by the
copyright laws of the United States and international copyright treaties.
The term "FILE" used herein refers to either the self-extracting file,
installer, or media in which the SOFTWARE is contained. You may, without
charge, reproduce and distribute, within your organization only, copies
of the FILE, and use copies of the SOFTWARE solely for their intended
purpose of supporting legally obtained, commercially available Novell
operating system software, provided: 1) you do not receive any direct
payment, commercial benefit, or other consideration for the reproduction,
distribution or use of the SOFTWARE or FILE, or distribute the FILE as part
of or in combination with any other software or hardware product without
the prior written consent of Novell, Inc.; and, 2) you do not change or
omit any proprietary rights notices appearing on or in the SOFTWARE or FILE.
If you are a reseller of Novell products, you may, subject to the foregoing,
distribute the FILE outside your organization solely for maintenance and
upgrade of SOFTWARE.
You will take all reasonable steps to protect the SOFTWARE and the FILE
from unauthorized copying or use. The source code of the SOFTWARE represents
and embodies trade secrets of Novell and/or its licensors. The source code
and embodied trade secrets are not licensed to you and any modification,
addition, or deletion is strictly prohibited. You shall not reverse
engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is used
within a country of the European Community, nothing in this Agreement
shall be construed as restricting any rights available under the EC Council
Directive 14 May 1991 on the legal protection of computer programs.
Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent or trademark
of Novell or any third party. Except as expressly provided above, nothing
contained herein shall be construed as conferring any license of right
under any Novell copyright.
The rights and obligations hereunder will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. Rather, the parties expressly
agree that such rights and obligations will instead be governed by the laws
of the State of Utah excluding the application of its conflicts of law rules.
EXCEPT AS RESTRICTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE OF FITNESS
FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you.
U.S. Export Laws and Regulations. Because this Novell product was developed
in the United States of America, U.S. export laws and regulations apply to
its use. This product may not be downloaded, exported or redistributed in
any form by residents or nationals of Cuba, Iran, Iraq, Libya, North Korea,
or Syria. Licensee may not export or transfer, whether directly or
indirectly, this product, or any portion thereof, or any system containing
this product or portion thereof, to anyone outside the United States,
without first complying strictly and fully with all export controls that may
be imposed on the product by the United States Government (as noted in the
Export Administration Regulations) or any country or organization of nations
within whose jurisdiction the licensee resides or does business.
By downloading and/or installing this software product you are acknowledging
that you are not restricted from receiving U.S. goods and agree to comply
with all applicable U.S. export laws and import laws in the country in
which you reside.