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- NOVELL NETWARE SUPPLEMENTAL DRIVER KIT SOFTWARE LICENSE AGREEMENT
- Important
-
- DO NOT BREAK THE SEAL PREVENTING ACCESS TO THE SOFTWARE UNTIL YOU HAVE
- READ THIS LICENSE AGREEMENT. BY BREAKING THE SEAL OR USING THE SOFTWARE
- (OR AUTHORIZING ANY OTHER PERSON TO DO SO) YOU ACCEPT THIS LICENSE
- AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
- YOU MAY RETURN THE SOFTWARE (IF THE SEAL IS UNBROKEN) WITHIN TEN DAYS
- OF PURCHASE FOR A REFUND.
-
-
- DEFINITIONS.
-
- "Novell" means Novell, Inc., a Delaware corporation, 122 East 1700
- South, Provo, Utah 84606.
- "You and Your" means the person or business entity who purchased this
- License to use this Software or for whom such License was purchased.
- "Software" collectively means all the software You have received from
- Novell with this License.
- "Documentation" means the manual(s) and any other printed material
- provided by Novell with the Software.
- "License" means the license purchased and granted pursuant to this
- Agreement.
-
- LICENSE AND PROTECTION.
-
- License Grant. Novell grants to You, and You purchase, subject to the
- following terms and conditions, a nonexclusive, nontransferable right
- to use the accompanying copy of the Software (in object code form
- only). As a means of promoting the NetWareâ– Supplemental Driver Kit,
- Novell further grants you without charge the right to reproduce,
- distribute and use copies of the Software, provided you (1) include
- a copy of this Software License Agreement on each copy of media to
- which a supplemental driver is copied (this Software License Agreement
- is contained in the "README.TXT" file accompanying the drivers), and
- (2) do not receive any payment, commercial benefit, other
- consideration for such reproduction or distribution, or change this
- license agreement or any copyright notices appearing on or in the
- Software. All rights not specifically granted to You are retained by
- Novell and/or its Licensors.
-
- 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 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 agree not to disassemble,
- decompile, or otherwise reverse engineer the Software in order to
- discover the source code and/or the trade secrets contained in the
- source code.
-
- Copies and Adaptations. Except as otherwise provided in this License,
- You may not make or authorize the making of copies or adaptations of
- the Software except as an essential step in the utilization of the
- Software, 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 the License. Only the License is purchased
- by You.
-
- Restrictions. Except as expressly authorized in this Agreement, You
- agree not to rent, lease, sublicense, distribute, transfer, copy,
- reproduce, display, modify or time share the Software or
- Documentation.
-
- Transfer of License. You may transfer this License to another person
- or entity if You obtain the prior written approval of Novell. Novell
- will not withhold approval if You advise Novell in writing of the name
- and address of the proposed transferee and the transferee agrees to
- be bound by this Agreement. If Novell approves the transfer of
- License, You agree to transfer all copies of the Software and
- Documentation, including any copies or adaptations you have made.
-
- Term. This Agreement is effective from the date you break the seal
- preventing access to 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
- adaptions. This Agreement shall also automatically terminate if You
- breach any of the terms or conditions of this Agreement. You agree
- to destroy the original and all adaptions or copies of the Software
- and Documentation, or to return them to Novell upon termination of
- this License.
-
- LIMITED WARRANTY AND LIMITED LIABILITY.
-
- Compatibility. The Software is only compatible with certain computers
- and operating systems. THE SOFTWARE IS NOT WARRANTED FOR NON-
- COMPATIBLE SYSTEMS. Call Novell Customer Support or Your Dealer for
- information about compatibility.
-
- Magnetic Media and Documentation. Novell warrants that if the
- magnetic media or Documentation are in a damaged or physically
- defective condition at the time that the License is purchased and if
- they are returned to Novell (postage prepaid) within 90 days of
- purchase, Novell will provide You with replacements at no charge.
-
- Software. Novell warrants that if the Software fails to substantially
- conform to the specifications in the Documentation and if the
- nonconformity is reported in writing by You to Novell within 90 days
- from the date that the License is purchased, then Novell will either
- remedy the nonconformity or offer to refund the License Fee to You
- upon return of all copies of the Software and Documentation to Novell.
- In the event of a refund the License shall terminate.
-
- DISCLAIMER OF WARRANTIES. NOVELL MAKES NO WARRANTY, REPRESENTATION
- OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. NOVELL
- DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF
- MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NOVELL
- DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL SATISFY YOUR
- REQUIREMENTS OR THAT THE 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 THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS
- LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE
- LICENSE. 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.
-
- GENERAL CONDITIONS.
-
- Governing Law. This Agreement shall be governed by, and interpreted
- in accordance with, the laws of the State of Utah of the United States
- of America.
- Entire Agreement. This Agreement sets forth the entire understanding
- and agreement 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
- AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS
- DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF
- THIS AGREEMENT ABOUT THE SOFTWARE.
-
- Waiver. No waiver of any right under this Agreement shall be
- effective unless in writing, signed by a duly authorized
- representative of Novell. 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 Agreement.
-
- Severability. If any provision in this Agreement 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 shall be
- interpreted to give effect to severed provisions.
-
- Export. You agree that You will not knowingly, directly or
- indirectly, without prior written consent, if required, of the Office
- of Export Licensing of the U.S. Department of Commerce, Washington
- D.C. 20230, export or transmit the Software to Afghanistan, the
- Peoples Republic of China, or to any group Q, S, W, Y, or Z country
- specified in the Export Administration Regulations issued by the U.S.
- Department of Commerce or to any country to which such transmission
- is restricted by applicable regulations or statutes.
-
- U.S. Government Restricted Rights. Use, duplication, or disclosure
- by the United States Government is subject to restrictions as set
- forth in FAR 52.227-14 (June 1987) Alternate III(g)(3) (June 1987),
- FAR 52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June
- 1988), as applicable. Contractor/Manufacturer is Novell Inc., 122
- East 1700 South, Provo, Utah 84606.