Novell, Inc. (Novell) grants you the right to use the Software in the quantity and on the platform(s) indicated on the Proof of Purchase form you received in your Software package. If this Software is an upgrade from a previous version of a Novell software product, you may use either the current or prior version of the Software, but never both versions at the same time. This Agreement supersedes any prior version license and governs your use of the Software.
For a single-user computer of workstation not attached to a network, or for a network server, the Software is considered "in use" when any portion of the Software is either loaded in memory or virtual memory (Loaded) or stored on a hard disk or other storage devise (Stored). For single-user computers or workstations attached to a network, the quantity of the Software "in use" is considered to be the greater of (i) the maximum number of computers on which the Software is Loaded at any one time, or (ii) the maximum number of computers on which the Software is Stored.
On a multi-user computer, the quantity of the Software "in use" is considered to be the maximum number of sessions executed at any one time.
You may make copies of the written documentation, which accompanies the Software, in support of your authorized use of this Novell software product. You may also make an archival copy of the Software for each License obtained under this Agreement.
RESTRICTIONS
You may not rent or lease the Software without the written permission of Novell. You may not decompile, disassemble, reverse engineer, copy, create a derivative work or otherwise use the Software except as stated in this Agreement. Irrespective of the number of sets of media included with the Software, you are granted the right to use the Software only in the quantity indicated on the enclosed Proof of Purchase form. Certain qualifications may apply to the purchase of this Software; when present, they are printed on the Software package and form part of this agreement.
HOME OR PORTABLE COMPUTER PROVISION
Your are authorized to use a copy of the Software on a home or portable computer, as long as the extra copy is never Loaded at the same time the Software is Loaded on the primary computer on which you use the Software.
If you have licensed this Software under an education or charitable institution pricing program, you may not create an extra copy of the Software under this provision for use on a home or portable computer.
LIMITED WARRANTY/LIMITATION OF LIABILITY
This Software is licensed AS IS. IF FOR ANY REASON YOU ARE DISSATISFIED WITH THE SOFTWARE, RETURN THE PRODUCT PACKAGE, WITH PROOF OF PURCHASE, TO YOUR RESELLER WITHIN 90 DAYS FOR A FULL REFUND. If any materials or media in this package are defective, return them to Novell within 90 days of the date of purchase, and they will be replaced at no charge.
THE WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL NOVELL BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOVELL OR AN AUTHORIZED NOVELL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede this limitation of liability may not apply to you if prohibited by the laws of your jurisdiction.
CUSTOMER SUPPORT
Subject always to Novell's current applications programs support policies, Novell will attempt to answer your technical support request concerning the Software; however, this service is offered on a reasonable efforts basis only, and Novell may not be able to resolve every support request. Novell supports the Software only if it is used under conditions and on operating systems for which the Software is designed. Current support policies may change from time to time without notice.
GENERAL
If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions. This Agreement shall be governed by the laws of the State of Utah.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is WordPerfect Corporation, at the address below.
ANY QUESTIONS?
If you have any questions concerning the terms of this Agreement or special programs for educational or charitable organizations, please write to WordPerfect, Applications Division of Novell, Inc. Attn. Sales Center, 1555 N. Technology Way, Orem, Utah 84057-2399, or call (801) 225-5000.
