263 lines
14 KiB
Text
263 lines
14 KiB
Text
End User License Agreement
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for SUSE Software
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End User License Agreement for SUSE Software
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PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING,
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DOWNLOADING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW AND
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INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF THIS AGREEMENT.
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IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO
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DOWNLOAD, INSTALL OR USE THE SOFTWARE. AN INDIVIDUAL ACTING ON
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BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO
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ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.
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SUSE LLC ("Licensor" or "SUSE") makes available software products,
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being a compilation of: (i) software programs developed by SUSE and
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is affiliates; (ii) software programs developed by third parties;
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(iii) trade marks owned by SUSE and/or its affiliates ("SUSE
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Marks"); and (iv) media or reproductions (physical or virtual) and
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accompanying documentation accompanying such software programs (such
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compilation of programs, trade marks and documentation being the
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"Software").
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The Software is protected by the copyright laws and treaties of the
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United States and copyright laws in other countries worldwide. This
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End User License Agreement ("EULA") is a legal agreement between You
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(an entity or a person) and SUSE governing Your use of the Software.
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If the laws of Your principal place of business require contracts to
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be in the local language to be enforceable, such local language
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version may be obtained from Licensor upon written request and shall
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be deemed to govern Your use of the Software. Any add-on, extension,
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update, mobile application, module, adapter or support release to
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the Software that You may download or receive that is not
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accompanied by a license agreement is Software and is governed by
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this EULA.
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License Terms
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Open Source
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The Software contains many individual components that are open
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source software and the open source license for each component,
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which, depending on the software program, may be the GNU General
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Public License v.2
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(https://www.gnu.org/licenses/oldlicenses/gpl-2.0.en.html) or Apache
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2.0 (https://www.apache.org/licenses/LICENSE-2.0) or other open
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source license (each such license being the "OSS License"), is
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located in the licensing documentation and/or in the component's
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source code.
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This EULA governs Your use of the Software, including SUSE Marks,
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and does not limit, supersede or modify your rights under the OSS
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License applicable to Your use of any open source code contained in
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the Software without the SUSE Marks.
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The Software may include or be bundled with other software programs
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licensed under different terms and/or licensed by a third party
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other than Licensor. Use of any software programs accompanied by a
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separate license agreement is governed by that separate license
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agreement.
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License to use the Software
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Subject to compliance with the terms and conditions of this EULA,
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Licensor grants to You a perpetual, non- exclusive,
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non-transferable, revocable, worldwide license to reproduce and use
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copies of the Software within Your Organization for Your
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Organization's internal use. "Organization" means a legal entity and
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its Affiliates. "Affiliates" means entities that control, are
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controlled by, or are under common control with You. The above
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license is conditioned upon You being responsible and liable for any
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breach of the provisions of this EULA by Your Affiliates.
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This EULA does not permit you to distribute the Software or its
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components using the SUSE Marks regardless of whether the copy has
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been modified. You may make a redistribution outside of Your
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Organization: (a) of the Software, only if permitted under a
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separate written agreement with Licensor authorizing such
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redistribution, or (b) of the constituent components of the
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Software, only if You remove and replace all occurrences of any SUSE
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Mark.
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If You have received, whether directly or indirectly from SUSE,
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hardware, software or other appliance that uses or embeds the
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Software, You may use the Software solely for the purpose of running
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that hardware, software or appliance and not on a stand-alone basis.
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Ownership
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No title to or ownership of the Software is transferred to You.
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Licensor and/or its third party licensors retain all right, title
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and interest in and to all intellectual property rights in the
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Software, including any adaptations or copies thereof. The Software
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is not sold to You, You acquire only a conditional license to use
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the Software. Title, ownership rights and intellectual property
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rights in and to the content accessed through the Software are the
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property of the applicable content owner and may be protected by
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applicable copyright or other law. This EULA gives You no rights to
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such content.
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SUSE Marks
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No right or license, express or implied, is granted under this EULA
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to use any SUSE Mark, trade name or service mark of Licensor or its
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affiliates or licensors otherwise than is necessary to use the
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Software as permitted by this EULA.
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Subscription Services and Support
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Licensor has no obligation to provide maintenance or support unless
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You purchase a subscription offering, pursuant to an additional
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contract with Licensor or its affiliates, which expressly includes
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such services.
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Warranty and Liability
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Limited Warranty
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Licensor warrants that the media that the Software is delivered on
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will be free from defects in materials and manufacture under normal
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use for a period of sixty (60) days from the date of delivery to
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you. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS
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IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SAVE FOR THE
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FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
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WARRANTIES OF ANY KIND.
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THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
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DISTRIBUTION WITH, AND MUST NOT BE USED FOR, ON-LINE CONTROL
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EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE,
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SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION,
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COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES,
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WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE
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COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
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ENVIRONMENTAL DAMAGE.
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Non-Licensor Products
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The Software may include or be bundled with hardware or other
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software programs or services licensed or sold by an entity other
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than Licensor. LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR
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SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN "AS IS"
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BASIS. WARRANTY SERVICE IF ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED
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BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THEIR APPLICABLE
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WARRANTY.
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EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND
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EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
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NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF
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DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO
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WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS
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LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR
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SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL
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OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES
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WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND
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DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. Some
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jurisdictions do not allow certain disclaimers and limitations of
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warranties, so portions of the above limitations may not apply to
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You. This limited warranty gives You specific rights and You may
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also have other rights which vary by state or jurisdiction.
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Limitation of Liability
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NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, SUBSIDIARIES,
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OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY CONSEQUENTIAL OR
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INDIRECT DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT OR
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OTHER THEORY OF LIABILITY, OR FOR ANY LOSS OF PROFITS, BUSINESS OR
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LOSS OR CORRUPTION OF DATA, IN EACH CASE, EVEN IF ADVISED OF THE
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POSSIBILITY OF THOSE DAMAGES.
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IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN
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CONNECTION WITH THIS EULA (WHETHER IN ONE INSTANCE OR A SERIES OF
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INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF
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WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU DID NOT PAY FOR THE
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SOFTWARE), IN THE 12 MONTHS PRECEDING THE FIRST CLAIM UNDER THIS
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EULA.
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The above exclusions and limitations will not apply to claims
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relating to death or personal injury caused by the negligence of
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Licensor or its employees, agents or contractors. In those
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jurisdictions that do not allow the exclusion or limitation of
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damages, including, without limitation, damages for breach of any
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implied terms as to title or quiet enjoyment of any Software
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obtained pursuant to this EULA or for fraudulent misrepresentation,
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Licensor's liability shall be limited or excluded to the maximum
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extent allowed within those jurisdictions.
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General Terms
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Term
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This EULA becomes effective on the date You download the Software
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and will automatically terminate if You breach any of its terms.
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Transfer
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This EULA may not be transferred or assigned without the prior
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written approval of Licensor. Any such attempted transfer or
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assignment shall be void and of no effect.
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Law
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All matters arising out of or relating to this EULA will be governed
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by the substantive laws of the United States and the State ofNew
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York without regard to its choice of law provisions. Any suit,
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action or proceeding arising out of or relating to this EULA may
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only be brought before a federal or state court of appropriate
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jurisdiction in New York. If a party initiates EULA-related legal
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proceedings, the prevailing party will be entitled to recover
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reasonable attorneys' fees. If, however, Your principal place of
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business is a member state of the European Union or the European
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Free Trade Association, (1) the courts of England and Wales shall
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have exclusive jurisdiction over any action of law relating to this
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EULA; and (2) the laws of England shall apply except where the laws
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of such country of Your principal place of business are required to
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be applied to any such action of law, in which case the laws of that
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country shall apply. Neither the United Nations Convention of
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Contracts for the International Sale of Goods nor the New York or
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England and Wales conflict of law rules apply to this EULA or its
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subject matter.
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Entire Agreement
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This EULA, together with any other purchase documents or other
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written agreement between You and Licensor or its Affiliates, sets
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forth the entire understanding and agreement between You and
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Licensor and may be amended or modified only by a written agreement
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agreed to by You and an authorized representative of Licensor. NO
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THIRD PARTY LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES
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PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO
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MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
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ADDITION TO, THE TERMS OF THIS AGREEMENT.
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Waiver
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No waiver of any right under this EULA will be effective unless in
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writing, signed by a duly authorized representative of the party to
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be bound. No waiver of any past or present right arising from any
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breach or failure to perform will be deemed to be a waiver of any
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future right arising under this EULA.
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Severability
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If any provision in this EULA is invalid or unenforceable, that
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provision will be construed, limited, modified or, if necessary,
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severed, to the extent necessary, to eliminate its invalidity or
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unenforceability, and the other provisions of this EULA will remain
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unaffected.
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Export Compliance
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You acknowledge that Licensor's products and/or technology may be
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subject to the U.S. Export Administration Regulations (the "EAR")
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and the trade laws of other countries. You agree to comply with the
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EAR and local laws and regulations which may be applicable to and
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impact Your right to import, export or use Licensor's products
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and/or technology. You will not export or re-export Licensor's
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products, directly or indirectly, to (1) entities on the current
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U.S. export exclusion lists or to any embargoed or terrorist
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supporting countries as specified in the EAR; (2) any end user who
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You know or have reason to know will utilize Licensor's products in
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the design, development or production of nuclear, chemical or
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biological weapons, or rocket systems, space launch vehicles, and
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sounding rockets, or unmanned air vehicle systems, except as
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authorized by the relevant government agency by regulation or
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specific license; or (3) any end user who has been prohibited from
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participating in the US export transactions by any federal agency of
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the US government. You will not use Licensor's products and/or
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technology for prohibited nuclear, missile, or chemical biological
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weaponry end uses as specified in the EAR. By downloading or using
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the Software, You are agreeing to the foregoing and You are
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representing and warranting that You are not located in, under the
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control of, or a national or resident of any such country or on any
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such list. In addition, You are responsible for complying with any
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local laws in Your jurisdiction which may impact Your right to
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import, export or use Licensor's products. Please consult the Bureau
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of Industry and Security web page https://www.bis.doc.gov before
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exporting items subject to the EAR. For more information on
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exporting Software, including the applicable Export Control
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Classification Number (ECCN) and associated license exception (as
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applicable), see https://www.suse.com/company/legal/. Upon request,
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Licensor's International Trade Services Department can provide
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information regarding applicable export restrictions for Licensor
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products. Licensor assumes no responsibility for Your failure to
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obtain any necessary export approvals.
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:version:2024-02-01:001
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SUSE.com
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Copyright (c) SUSE 2024
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SUSE Legal
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February 2024
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