Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual page 463

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g. Strata Guard License: If you have purchased a Strata Guard License, Licensee is allowed to
install the Software on a single server and process traffic up to, but not exceeding the stated
bandwidth per the applicable Documentation for the type of license purchased.
2. Term, Renewal, Cancellation and Termination Charges.
a. Term and Termination. For Subscription Licenses, this Agreement is effective for the License
Period unless and until earlier terminated as set forth in this Agreement. For Perpetual Licenses, this
Agreement is effective unless and until terminated as set forth in this Agreement. Novell may
terminate this Agreement, effective immediately and automatically, if you breach any provision of
this Agreement and do not cure such breach within 5 days after receiving written notice thereof from
Novell. Upon any termination or expiration of this Agreement, you must cease use of the Software
and destroy all copies of the Software and the Documentation. You expressly agree that any actual
or threatened use of the Software after the termination or expiration of this Agreement will cause
Novell to suffer irreparable harm for which there is no adequate remedy at law, entitling Novell to
injunctive relief in addition to all other available legal remedies, and you agree to waive any bond
requirement in the event such injunctive relief is granted against you. Novell reserves the right to
disable the Software post termination subject to Section 2.e.
b. Renewal Periods. For Subscription Licenses, the license subscription will renew automatically
unless written notification of intent to cancel is received by Novell no later than 30 days before the
expiration date of the then current term, and a renewal invoice will be generated that will reflect the
greater of the license subscription renewal price in effect at that time and the previous year's
subscription rate plus an annual inflation adjustment of no more than 5%. For Perpetual Licenses,
the Support will renew automatically, under the same terms stated above, at the greater of the then-
current Perpetual License list price multiplied by the then current Support rate and the previous
year's Support amount plus an annual inflation adjustment of no more than 5%.
c. Cancellation. Cancellations by you must be in writing and received by Novell no later than 30
days before the intended cancellation date. In no event will refunds be issued for the time remaining
on prepaid license subscriptions or Support cancelled prior to the current expiration date. You will
pay any Termination Charges described in Section 2.d. Novell reserves the right to disable the
Software post cancellation subject to Section 2.e.
d. Termination Charges. If you (i) discontinue use of the Software or cancel the Agreement prior to
the end of the License Period, Renewal Period or Support Period, or (ii) fail to pay the full amount
agreed to in such order or invoice during the License Period, Renewal Period or Support Period or
(iii) Novell terminates this Agreement due to your breach prior the expiration of the License Period,
Renewal Period or Support Period, within 10 days after any such occurrence, you will pay Novell a
termination charge equal to 100% of the unpaid amount agreed upon in the order or invoice for the
remainder of the License Period, Renewal Period or Support Period ("Termination Charge"). You
shall reimburse Novell for all costs (including reasonable attorney's fees) associated with collecting
delinquent or dishonored payments. At Novell' option, interest charges may be added to any past
due amounts at the lower of 1.5% per month or the maximum rate allowed by law.
e. Novell Electronic Self Help. Novell reserves the right to disable the Software by terminating the
authorization key upon 10 days written notice (the "Self Help Notice") if this Agreement has been
terminated by Novell or cancelled by you. Such an act by Novell does not remove your obligation to
make complete payments on any amount owing to Novell. Prior to Novell resorting to disabling the
Software, Novell will give you the Self Help Notice, the nature of the claimed action that entitles
Novell to use electronic self help and the name and contact information of the person you may
contact at Novell concerning the notice of electronic self help. Novell will provide the Self Help
Notice to the person identified on the invoice or such other person designated in writing by you.
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