SUSE(R) Linux Enterprise Server 12 Service Pack 3

SUSE End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.  BY PURCHASING, INSTALLING, DOWNLOADING OR 
OTHERWISE USING THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS 
OF THIS AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED 
TO DOWNLOAD, INSTALL OR USE THE SOFTWARE AND YOU SHOULD NOTIFY THE PARTY FROM 
WHICH YOU PURCHASED THE SOFTWARE TO OBTAIN A REFUND.   AN INDIVIDUAL ACTING ON 
BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO 
THIS AGREEMENT ON BEHALF OF THAT ENTITY.

This End User License Agreement ("Agreement") is a legal agreement between You 
(an entity or a person) and SUSE LLC ("Licensor").  The software product 
identified in the title of this Agreement for which You have acquired licenses, 
any media or reproductions (physical or virtual)   and accompanying 
documentation (collectively the "Software") is protected by the copyright laws 
and treaties of the United States ("U.S.") and other countries and is subject to 
the terms of this Agreement.  If the laws of Your principal place of business 
require contracts to be in the local language to be enforceable, such local 
language version may be obtained from Licensor upon written request and shall be 
deemed to govern Your purchase of licenses to the Software.  Any add-on, 
extension, update, mobile application, module, adapter or support release to the 
Software that You may download or receive that is not accompanied by a license 
agreement is Software and governed by this Agreement.  If the Software is an 
update or support release, then You must have validly licensed the version and 
quantity of the Software being updated or supported in order to install or use 
the update or support release. 

LICENSED USE

LICENSES.  The Software and each of its components are owned by Licensor or 
other licensors and are protected under copyright laws and other applicable 
laws. Subject to compliance with the terms and conditions of this Agreement, 
Licensor grants to You a perpetual, non-exclusive, non-transferable, worldwide 
license to reproduce and use copies of the Software within Your Organization (as 
defined below).  

"Organization" means a legal entity, excluding subsidiaries and affiliates with 
a separate existence for tax purposes or for legal personality purposes. An 
example of an Organization in the private sector would be a corporation, 
partnership, or trust, excluding any subsidiaries or affiliates of the 
organization with a separate tax identification number or company registration 
number. A public sector example of an Organization would be a specific 
government body or local government authority.

THIRD PARTY/OPEN SOURCE.  Nothing in this Agreement shall restrict, limit or 
otherwise affect any rights or obligations You may have, or conditions to which 
You may be subject, under any applicable open source licenses to any open source 
code contained in the Software.  The Software may include or be bundled with 
other software programs licensed under different terms and/or licensed by a 
third party other than Licensor.  Use of any software programs accompanied by a 
separate license agreement is governed by that separate license agreement.  

SUBSCRIPTION SERVICES.  Licensor has no obligation to provide maintenance or 
support unless You purchase a subscription offering that expressly includes such 
services.  Licensor sells subscription offerings for the Software that entitles 
You to fee based technical support and/or internal use of Software updates 
provided on a specified annual period ("Subscription Offering") and are subject 
to the terms of the Subscription Offering Terms and Conditions available 
https://www.suse.com/products/terms_and_conditions.pdf. 

MARKS.  No right or license, express or implied, is granted under this Agreement 
with respect to any trademark, trade name or service mark of Licensor or its 
affiliates or licensors ("Mark"). This Agreement does not permit you to 
distribute the Software or its components using Licensor's trademarks, 
regardless of whether the copy has been modified.  You may make a commercial 
redistribution of the Programs only if (a) permitted under a separate written 
agreement with Licensor authorizing such commercial redistribution, or (b) you 
remove and replace all occurrences of any Mark.  

RESTRICTIONS

License Restrictions.  The Software and each of its components are owned by 
Licensor and/or its licensors and are protected under copyright law and under 
other laws as applicable. Title to the Software and any component, or to any 
copy, modification, or merged portion shall remain with Licensor and other 
licensors, subject to the applicable license.  Licensor reserves all rights not 
expressly granted to You.  The Software is licensed for Your internal use only.  
Except as this Agreement expressly allows and without limiting any rights or 
obligations set forth in the "Third Party/Open Source" section above, You may 
not (1) remove any patent, trademark, copyright, trade secret or other 
proprietary notices or labels on the Software or its documentation; (2) modify, 
alter, create derivative works, reverse engineer, decompile, or disassemble the 
Software except and only to the extent expressly permitted by applicable law; 
(3) transfer, assign, pledge, rent, timeshare, host or lease the Software, or 
sublicense any of Your license grants or rights under this Agreement; in whole 
or in part, without prior written permission of Licensor, (4) disclose the 
results of any performance, functional or other evaluation or benchmarking of 
the Software to any third party without the prior written permission of 
Licensor.

Outsourcing Requirements. Your license to use the Software may be used under the 
terms of this Agreement by a third party acting on Your behalf, such as a third 
party cloud provider or outsourcing vendor  who manages or hosts (either 
remotely or virtually) the Software for You, subject to and conditioned upon 
Your adherence to the following:  (1) You remain responsible for all of Your 
obligations under this Agreement and  enter into an enforceable agreement with 
the third party that contains terms and conditions to protect Licensor's rights 
in the Software that are no less restrictive than those contained in this 
Agreement, including without limitation the Verification section below; (2) You 
prohibit use of the Software by the third party for any purpose other than Your 
sole benefit; (3) You are solely responsible to Licensor for any and all 
breaches of this Agreement by the third party; and (4) You are and will remain 
current on subscription purchases that cover all installations and deployments 
of the Software by the third party on Your behalf. 

Appliance License.  If, either directly from Licensor or from a third party, you 
have received a hardware, software or other appliance that uses the Software, 
You acknowledge and agree to use the Software solely for the purpose of running 
the appliance and not as a general purpose operating system.  

OWNERSHIP 

No title to or ownership of the Software is transferred to You.  Licensor and/or 
its third party licensors retain all right, title and interest in and to all 
intellectual property rights in the Software and Services, including any 
adaptations or copies thereof.  The Software is not sold to You, You acquire 
only a conditional license to use the Software.  Title, ownership rights and 
intellectual property rights in and to the content accessed through the Software 
are the property of the applicable content owner and may be protected by 
applicable copyright or other law.  This Agreement gives You no rights to such 
content.

LIMITED WARRANTY

Licensor warrants that the media that the Software is delivered on will be free 
from defects in materials and manufacture under normal use for a period of sixty 
(60) days from the date of delivery to you.    THE FOREGOING WARRANTY IS YOUR 
SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR 
IMPLIED.  SAVE FOR THE FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" 
WITHOUT ANY WARRANTIES OF ANY KIND.

Services.  Licensor warrants that any Services purchased will be supplied in a 
professional manner in accordance with generally accepted industry standards.  
This warranty will be effective for thirty (30) days following delivery of the 
Services.  Upon any breach of this warranty, Licensor's only obligation is to 
either correct the Services so that they comply with this warranty or at its 
option refund the amount You paid to Licensor for the portion of the Services 
that fail to comply with this warranty.  You agree to take appropriate measures 
to isolate and back up Your systems.

THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION 
WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE 
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT 
NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, 
WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD 
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Non-Licensor Products.  The Software may include or be bundled with hardware or 
other software programs or services licensed or sold by an entity other than 
Licensor.  LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR SERVICES.  ANY 
SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN "AS IS" BASIS.  WARRANTY SERVICE IF 
ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE 
WITH THEIR APPLICABLE WARRANTY.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND EXCLUDES ANY AND 
ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR 
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES 
CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.  LICENSOR 
MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS 
LIMITED WARRANTY.  LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL 
SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL OPERATING SYSTEMS, OR THAT THE 
OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE 
FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND 
FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS.  Some 
jurisdictions do not allow certain disclaimers and limitations of warranties, so 
portions of the above limitations may not apply to You.  This limited warranty 
gives You specific rights and You may also have other rights which vary by state 
or jurisdiction.  

LIMITATION OF LIABILITY

Consequential Losses.  NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, 
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, 
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES, WHETHER 
BASED ON CONTRACT, NEGLIGENCE, STRICTLIABILITY OR OTHER TORT, BREACH OF ANY 
STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING WITHOUT LIMITATION LOSS OF 
PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Direct Damages.  IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY FOR DIRECT 
DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) 
EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES OUT OF 
WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF 
CHARGE).  The above exclusions and limitations will not apply to claims relating 
to death or personal injury caused by the negligence of Licensor or its 
employees, agents or contractors.  In those jurisdictions that do not allow the 
exclusion or limitation of damages, including, without limitation, damages for 
breach of any implied terms as to title or quiet enjoyment of any Software 
obtained pursuant to this Agreement or for fraudulent misrepresentation, 
Licensor's liability shall be limited or excluded to the maximum extent allowed 
within those jurisdictions.



GENERAL TERMS

Term.  This Agreement becomes effective on the date You legally acquire the 
Software and will automatically terminate if You breach any of its terms.  
Verification. Licensor has the right to verify Your compliance with this 
Agreement. You agree to: (1)  Implement internal safeguards to prevent any 
unauthorized copying, distribution, installation, use of, or access to, the 
Software or Subscription Offerings; (2)  Keep records sufficient to certify Your 
compliance with this Agreement, and, upon request of Licensor, provide and 
certify metrics and/or reports based upon such records and account for both 
numbers of copies (by product and version) and network architectures as they may 
reasonably relate to Your licensing and deployment of the Software or 
Subscription Offerings; and  (3)  Allow a Licensor representative or an 
independent auditor ("Auditor") to inspect and audit Your (including any 
subsidiaries or affiliates or contractors with access), computers and records, 
during Your normal business hours, for compliance with the licensing terms for 
Licensor's software products and/or Subscription Offerings. Upon Licensor's and 
Auditor's presentation of their signed written confidentiality statement form to 
safeguard Your confidential information, You shall fully cooperate with such 
audit and provide any necessary assistance and access to records and computers. 
If an audit reveals that You have or at any time have had unlicensed 
installation, use of, or access to the Software or Subscription Offerings, You 
will, within 30 days, purchase sufficient licenses or Subscription Offerings to 
cover any shortfall without benefit of any otherwise applicable discount and 
subject to fees reflecting the duration of the shortfall. If a shortfall of 5% 
or more is found, You must reimburse Licensor for the costs incurred in the 
audit. Transfer.  This Agreement and the associated licenses purchased for use 
of the Software may not be transferred or assigned without the prior written 
approval of Licensor. Any such attempted transfer or assignment shall be void 
and of no effect.  Please contact CRC@suse.com to request the transfer of 
licenses and assignment of this Agreement. 
Law. All matters arising out of or relating to this Agreement will be governed 
by the substantive laws of the United States and the State of Utah without 
regard to its choice of law provisions. Any suit, action or proceeding arising 
out of or relating to this Agreement may only be brought before a federal or 
state court of appropriate jurisdiction in Utah.  If a party initiates 
Agreement-related legal proceedings, the prevailing party will be entitled to 
recover reasonable attorneys' fees.  If, however, Your principal place of 
business is a member state of the European Union or the European Free Trade 
Association, (1) the courts of Ireland shall have exclusive jurisdiction over 
any action of law relating to this Agreement; and (2) where the laws of such 
country of Your principal place of business are required to be applied to any 
such action of law the laws of that country shall apply.  The application of the 
United Nations Convention of Contracts for the International Sale of Goods is 
expressly excluded.
Entire Agreement.  This Agreement, together with any other purchase documents or 
other agreement between You and Licensor, sets forth the entire understanding 
and agreement between You and Licensor and may be amended or modified only by a 
written agreement agreed to by You and an authorized representative of Licensor. 
 NO THIRD PARTY LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, 
OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION 
OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS 
AGREEMENT.  
Waiver.  No waiver of any right under this Agreement will be effective unless in 
writing, signed by a duly authorized representative of the party to be bound.  
No waiver of any past or present right arising from any breach or failure to 
perform will 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 will be construed, limited, modified or, if necessary, severed, 
to the extent necessary, to eliminate its invalidity or unenforceability, and 
the other provisions of this Agreement will remain unaffected.  
Export Compliance.  You acknowledge that Licensor's products and/or technology 
are subject to the U.S. Export Administration Regulations (the "EAR") and You 
agree to comply with the EAR.  You will not export or re-export Licensor's 
products, directly or indirectly, to: (1) any countries that are subject to US 
export restrictions; (2) any end user who You know or have reason to know will 
utilize Licensor's products in the design, development or production of nuclear, 
chemical or biological weapons, or rocket systems, space launch vehicles, and 
sounding rockets, or unmanned air vehicle systems, except as authorized by the 
relevant government agency by regulation or specific license; or (3) any end 
user who has been prohibited from participating in the US export transactions by 
any federal agency of the US government. By downloading or using the Software, 
You are agreeing to the foregoing and You are representing and warranting that 
You are not located in, under the control of, or a national or resident of any 
such country or on any such list. In addition, You are responsible for complying 
with any local laws in Your jurisdiction which may impact Your right to import, 
export or use Licensor's products.  Please consult the Bureau of Industry and 
Security web page www.bis.doc.gov before exporting items subject to the EAR. For 
more information on exporting Software, including the applicable Export Control 
Classification Number (ECCN) and associated license exception (as applicable), 
see www.suse.com/company/legal/. Upon request, Licensor's International Trade 
Services Department can provide information regarding applicable export 
restrictions for Licensor products. Licensor assumes no responsibility for Your 
failure to obtain any necessary export approvals.
U.S. Government Restricted Rights.  Use, duplication, or disclosure of any 
Deliverables by the U.S. Government is subject to the restrictions in FAR 
52.227-14 (Dec 2007) Alternate III (Dec 2007), FAR  52.227-19 (Dec 2007), or 
DFARS 252.227-7013(b)(3) (Nov 1995), or applicable successor clauses.

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