End User License Agreement for SUSE Linux Enterprise Server 11 (32-bit)
SUSE(R) Linux Enterprise Server 11 SP3

SUSE Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING
AND/OR USING THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO
THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. 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 SUSE Software License Agreement ("Agreement") is a legal
agreement between You (an entity or a person) and SUSE LLC ("SUSE").
The software product identified in the title of this Agreement, its
structure, organization, and accompanying documentation
(collectively the "Software") is protected by the copyright laws and
treaties of the United States and other countries and is subject to
the terms of this Agreement. Any modification, update, enhancement
or upgrade to the Software that You may download or receive that are
not accompanied by a SUSE software license agreement expressly is
included as Software and governed by this Agreement.

LICENSES. The Software and each of its components are owned by SUSE
or other licensors and are protected under copyright laws and other
applicable laws. Subject to compliance with the terms and conditions
of this Agreement, SUSE grants to You a perpetual, non-transferable,
worldwide license to reproduce and use copies of the Software within
Your Organization (as defined below). Many of the individual
components included in the Software are licensed pursuant to an open
source license identified in the documentation or located in the
source code or binary code for the component. This Agreement does
not limit Your rights under such licenses or supersede or conflict
with the license terms or obligations for use of any individual open
source component.

"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. In the public sector, an example of
Organization would be a specific government body or local government
authority.

SUBSCRIPTION SERVICES. SUSE sells Subscription Services for the
Software that entitle You to fee based technical support and
internal use of Software updates provided during the Subscription
Service period purchased and subject to the terms of the applicable
Subscription Service offering. The fee charged for Subscription
Services for this Software is based on the total number of units of
the Software You deploy, install or use ("units" of the Software is
defined by SUSE in the applicable subscription offering).

MARKS. No right or license, express or implied, is granted under
this Agreement with respect to any trademark, trade name or service
mark of SUSE or its affiliates or licensors ("Mark"). If You
distribute any open source component of the Software, You must
remove all Marks except those used to identify SUSE's ownership or
licensing of the component.

TERMS AND RESTRICTIONS

SUSE reserves all rights not expressly granted to You. You may not:
(1) reverse engineer, decompile, or disassemble the Software except
and only to the extent it is expressly permitted by applicable law;
or (2) transfer the Software or Your license rights under this
Agreement, in whole or in part.

SUSE has no obligation to provide support or maintenance unless You
purchase an offering that expressly includes support or maintenance
services. If You make such a purchase and no separate agreement
specifically applies to the support or maintenance services, then
the terms of this Agreement will govern the provision of such
support or maintenance services ("Services"). For more information
on SUSE's current support offerings, see http://www.suse.com/support.

OWNERSHIP RIGHTS

No title to or ownership of the Software is transferred to You. SUSE
and/or its 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. Any materials You
receive as part of the Services that are not accompanied by terms
expressly superseding this Agreement are Software and governed by
this Agreement. You acquire only a conditional license to use the
Software. The Software is licensed (not sold) to You.

LIMITED WARRANTY

Except as agreed to under a separate written agreement with SUSE or
as may be set forth in the license terms accompanying a particular
component, to the maximum extent permitted under applicable law, the
Software is provided and licensed "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND, express or implied, including any implied warranties of
merchantability, non-infringement, or fitness for a particular
purpose. For sixty (60) days from the date of delivery, SUSE
warrants that any media on which the Software is delivered is free
from physical defects under normal use. If the defective items are
returned to SUSE or if You report the nonconformity to SUSE within
the sixty (60) day warranty period, SUSE will at its option either
replace the media or refund the fees You paid for the media. This
warranty extends only to media provided by SUSE. Any unauthorized
use or modification of the Software voids this warranty.

Other Services. SUSE warrants that any consulting or technical
support services purchased absent a separate written agreement for
such services will be supplied in a professional manner in
accordance with generally accepted industry standards. This warranty
will be effective for ninety (90) days following delivery of the
Services. Upon any breach of this warranty, SUSE'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 SUSE for the
portion of the Services that fail to comply with this warranty. As
files may be altered or damaged in the course of SUSE providing
technical services, 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.

THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS.
Call SUSE or Your reseller for information about compatibility.

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

EXCEPT AS OTHERWISE RESTRICTED BY LAW, SUSE DISCLAIMS AND EXCLUDES
ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. SUSE MAKES NO WARRANTY, REPRESENTATION OR PROMISE
NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. SUSE DOES NOT
WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE
UNINTERRUPTED. 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

(a) Consequential Losses. NEITHER SUSE NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE
DAMAGES.
(b) Direct Damages. IN NO EVENT WILL SUSE'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. In those jurisdictions that do not allow
the exclusion or limitation of damages, SUSE'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.
SUSE may, upon fifteen (15) days' advance notice and at its expense,
conduct an annual audit, during Your normal business hours, of Your
use of the Software and Documentation to verify compliance with this
Agreement. You agree to implement internal safeguards to prevent
any unauthorized copying, distribution, installation, or use of, or
access to, the Software. You further agree to keep records
sufficient to certify Your compliance with this Agreement, and, upon
request of SUSE, provide and certify metrics and/or reports based
upon such records and accounting both numbers of copies (by product
and version) and network architectures as they may reasonably relate
to Your licensing and deployment of the Software. You shall provide
SUSE or an authorized representative with access to records,
hardware and employees in order to perform the audit. Upon SUSE's
or its authorized representative's presentation of their reasonable
written commitment(s) 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, You will promptly acquire sufficient
licenses to cover any shortage. If a material license shortage of
5% or more is found, You must reimburse SUSE for the costs incurred
in the audit and acquire the necessary additional licenses within 30
days without the benefit of any otherwise applicable discount.

Benchmark Testing.
This benchmark testing restriction applies to You if You are a
software developer or licensor or if You are performing testing on
the Software at the direction of or on behalf of a software
developer or licensor. You may not, without SUSE's prior written
consent not to be unreasonably withheld, publish or disclose to any
third party the results of any benchmark test of the Software. If
You are a licensor of products that are functionally similar to or
compete with the Software ("Similar Products"), or are acting on
behalf of such a licensor, and You publish or disclose benchmark
information on the Software in violation of this restriction, then
notwithstanding anything to the contrary in the Similar Product's
end user license agreement, and in addition to any other remedies
SUSE may have, SUSE shall have the right to perform benchmark
testing on Similar Products and to disclose and publish that
benchmark information and You hereby represent that You have
authority to grant such right to SUSE.

Transfer.
This Agreement may not be transferred or assigned without the prior
written approval of SUSE.

Law and Jurisdiction.
This Agreement is governed by the laws of the State of Utah, U.S.
Any action at law relating to this Agreement may only be brought
before the courts of competent jurisdiction of the State of Utah.
If, however, Your country of principal residence is a member state
of the European Union or the European Free Trade Association, this
Agreement is governed by the laws of that country, and any action at
law may only be brought before a court of competent jurisdiction of
that country.

Entire Agreement.
This Agreement sets forth the entire understanding and agreement
between You and SUSE and may be amended or modified only by a
written agreement agreed to by You and an authorized representative
of SUSE. NO 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.
Any products or technical information provided under this Agreement
may be subject to U.S. export controls and the trade laws of other
countries. The parties agree to comply with all export control
regulations and to obtain any required licenses or classification to
export, re-export or import deliverables. The parties agree not to
export or re-export to entities on the current U.S. export exclusion
lists or to any embargoed or terrorist countries as specified in the
U.S. export laws. The parties will not use deliverables for
prohibited nuclear, missile, or chemical biological weaponry end
uses. Please consult the Bureau of Industry and Security web page
www.bis.doc.gov before exporting SUSE products from the U.S. Please
refer to http://www.suse.com/company/legal/ for more information on
exporting SUSE software. Upon request, SUSE will provide You
specific information regarding applicable restrictions. However,
SUSE assumes no responsibility for Your failure to obtain any
necessary export approvals.

U.S. Government Restricted Rights.
Use, duplication, or disclosure by the U.S. Government is subject to
the restrictions in FAR 52.227-14 (June 1987) Alternate III (June
1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013(b)(3) (Nov
1995), or applicable successor clauses.

Contractor/ Manufacturer is SUSE LLC, 404 Wyman Street, Suite 390,
Waltham, MA 02451.

Other. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.

(c)2013 SUSE LLC or its affiliates. All Rights Reserved.
(042613)

SUSE is a registered trademark of SUSE LLC or its affiliates in the
United States and other countries.
All third party trademarks are property of their respective owners.