SUSE(R) Linux Enterprise Server 12 Service Pack 2

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, 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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