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Terms of Site

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ATTENTION: Please read these terms carefully before using this web site. These Terms of Site (“Terms�) constitute a legally binding agreement between you, an individual or an entity (“You�), and Novell, Inc. (“Novell�). Using this web site indicates that you accept these Terms. If you do not accept these Terms, do not use this web site. Novell may modify all or any part of these Terms from time to time without notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of this web site after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to You, You should immediately cease all use of this web site.

Rules of Conduct

This web site may include a chat room or other means to enable users to exchange information with Novell and with each other. Novell employees may participate in these discussions. The purpose of any such discussions and exchanges of information is solely to exchange technical information relating to openSUSE/SUSE Linux. Participating in any such discussions requires compliance with these Rules of Conduct and these Terms generally.

You agree not to post or transmit through this web site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or other-wise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state or federal law.

You may not engage in any activity on this web site that restricts or inhibits any other user from using or enjoying this web site by "hacking," "cracking," "spoofing" or defacing any portions of this web site.

You may not post or transmit through this web site advertising or commercial solicitations; promotional materials relating to web site or online services which are competitive with Novell and/or this web site; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this web site or its contents.

You may not harvest or collect information about web site visitors without their express written consent.

Monitoring

Novell has the right, but not the obligation, to monitor the content of this web site to determine compliance with these Terms and any other operating rules established by Novell. Novell has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this web site that it finds to be in violation of these Terms or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Novell does not have any liability for any action or inaction with respect to any conduct, communication or posting on this web site. If you believe this web site or a web site linked from this web site contains infringing, offensive or otherwise inappropriate content, please contact us at the following e-mail address: webmaster@novell.com.

Notice Specific to Software Available on this Website

Any software that is made available to download from this web site ("Software") is the copyrighted work of Novell and/or its licensors. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement").

Export Compliance. Any person or entity exporting or re-exporting Novell products directly or indirectly and via any means, including electronic transfer, is wholly responsible for doing so in accordance with the U.S. Export Administration Regulations and the laws of host countries. Novell assumes no responsibility or liability for Your failure to obtain any necessary export approvals. Approvals are dependent upon an item's technical characteristics, the destination, end-use and end-user, as well as other activities of the end user. Specifically, no Novell product may be exported to embargoed or otherwise restricted countries or end users. Please consult the Bureau of Industry and Security web page and other sources before exporting Novell products from the U.S. and familiarize Yourself with the laws of destination countries before re-exporting Novell products. This provision shall survive the expiration or earlier termination of this Agreement. Please refer to the export matrix for Novell products for more information on exporting Novell Software. You can download a copy from http://www.novell.com/info/exports/ or obtain a copy from Your local Novell office.

Use of Other Web Site Materials

Novell either owns the intellectual property rights in the HTML, text, images, audio, video, software and other content that is made available on this web site, or has obtained the permission of the owner of the intellectual property. Novell strictly prohibits the redistribution or copying of any part of this web site or content on this web site without written permission from Novell. Novell authorizes You to display on Your computer, download and print pages from this web site provided the copyright notice appears on all such printouts and the information will not be altered and the content is only used for personal, educational and non-commercial use and will not redistribute or copy to any other media. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this web site must be obtained first by sending a request to permission@novell.com.


User Submissions

Any material, information or other communication You transmit or post to this web site (including, but not limited to, ideas, suggestions, feedback, bug identification, content, code, copyrighted materials or materials protected by other intellectual property laws) will be considered non-confidential and non-proprietary communications. Novell will have no obligations with respect to the communications. Novell and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.


Legal Disclaimers

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT WITH RESPECT TO SOFTWARE, THIS WEB SITE AND ALL CON-TENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVELL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEB SITE OR THE SOFTWARE OR INFORMATION AVAILABLE FROM THIS WEB SITE. NOVELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITH-OUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY NOVELL AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability IN NO EVENT SHALL NOVELL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE MATERIALS OR SOFTWARE AVAILABLE FROM THIS WEB SITE, EVEN IF NOVELL HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

Indemnification You agrees to defend, indemnify and hold Novell and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Novell prior to publishing on the website.

Restricted Rights Legend

Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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.

Links to Third-Party Sites

The links in this area will let you leave Novell's site. The linked sites are not under the control of Novell and Novell is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Novell is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Novell of any linked site. copyrights/trademarks

COPYRIGHT NOTICE. Copyright © 2005 Novell, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on this web site are the property of Novell or other third parties. You are not permitted to use these Marks without the prior written consent of Novell or such third party which may own the Mark. Use of Novell trademarks almost always requires written permission or a license. For more information please visit Trademarks and Service Marks. For more information, read Novell's Trademark and Copyright policy. Any rights not expressly granted herein are reserved. For legally-based questions concerning Trademarks or Copyrights, send email to: permission@novell.com

Governing Law and Forum

The validity, construction, and performance of these Terms are governed by the laws of the State of Utah, U.S.A., without regard to their choice of law provisions. Any dispute relating to these Terms is subject to the courts within the State of Utah. The prevailing party in any action to enforce the terms of these Terms is entitled to recover its costs and expenses, including reasonable attorney's fees, incurred in connection therewith, in addition to any other relief to which such party is entitled. Each party shall comply, at its own expense, with any governmental law, statute, ordinance, administrative order, rule, or regulation relating to its duties, obligations, or performance under these Terms.

If a court of competent jurisdiction holds any provision of these Terms to be invalid, illegal, or unenforceable, it is the intent of the parties that the remaining provisions remain in full force and effect and that the court interpret the remaining provisions to achieve the purposes as originally expressed. It is the further intent of the parties that the invalid, illegal, or unenforceable provision be replaced with a provision that most closely approximates the intent and economic effect of the replaced provision. Novell controls this site from its Provo, Utah, USA offices; other Novell sites may be administered and operated from various locations outside the United States. If You use this web site from other locations You are responsible for compliance with applicable local laws. Novell makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact may not be available world-wide.