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LICENSE.TXT
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1990-08-20
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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 NetWare■ 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.