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- NOVELL NETWARE DOS CLIENT KIT v.3.x LICENSE
- Important
-
- 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 acquires
- this License to use this Software or for whom such License was
- acquired.
- "Software" collectively means all the software contemporaneously
- distributed by Novell as the NetWare DOS Client Kit v.3.x.
- "Documentation" means the manual(s) and any other printed
- material provided by Novell (if any) with the Software.
-
- LICENSE AND PROTECTION.
-
- License Grant. Novell grants to You, subject to the following
- terms and conditions, a nonexclusive, nontransferable right to
- use the Software (in object code form only), and as a means of
- promoting the Software the nonexeclusive 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 "LICENSE.TXT" file
- accompanying the Software), (2) do not receive any payment,
- commercial benefit, other consideration for such reproduction or
- distribution, or (3) modify the Software, 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.
- 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.
- Term. This Agreement is effective from the date you obtain a
- copy of 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. This
- Agreement shall also automatically terminate if You breach any
- of the terms or conditions of this Agreement.
-
- LIMITED WARRANTY AND LIMITED LIABILITY.
-
- WITHOUT WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
- WARRANTY.
-
- 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. 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.