Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual page 464

3. Service
a. Support and Upgrades. If you have purchased a Subscription License only, during the License
Period and any Renewal Period you are entitled to maintenance and support ("Support") of the
Software, on the terms and conditions described on the support page found at www.novell.com
(http://www.novell.com). You are also entitled to download revisions, upgrades or updates
("Upgrades") to the Software when and as Novell publishes them via its electronic bulletin board
system, Website or through other online services. If you have purchased a Perpetual License, you
will not be entitled to receive such Support and/or Upgrades unless you have also purchased
Support. If you have purchased Support, during the Support Period and any Renewal Period you are
entitled to Support of the Software, on the terms and conditions described on the support page found
at www.novell.com (http://www.novell.com). You are also entitled to download Upgrades to the
Software when and as Novell publishes them via its electronic bulletin board system, Website or
through other online services. If you have a Perpetual License and discontinue Support, you will no
longer be entitled to receive Upgrades. You may renew your Support only within 6 months from the
date your Support ceased (the "Support Termination Date") by paying Novell 100% of the Support
fees that would have been due between the Support Termination Date and the date that you request
the renewal of Support (the "Back Support Fee"). Additionally, you must pay a reinstatement fee in
the amount 50% of the then current annual Support fee for the product(s) for which you are
reinstating Support. (the "Reinstatement Fee"). You must pay the Back Support Fee and the
Reinstatement Fee prior to Novell reinstating Support, including your ability to receive and
download Upgrades. If you wish to renew your Support after 6 months from the Support
Termination Date, please contact your Novell representative.
b. Additional Services. Novell may provide any additional services, including without limitation,
implementation, installation and other post-sales services under a mutually agreed to Statement of
Work. Statements of Work signed by the parties are incorporated into and are subject to all of the
terms of this Agreement.
4a. Ownership Rights. United States copyright laws and international treaty provisions protect the
Software. Novell and its suppliers own and retain all right, title and interest in and to the Software,
including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights
therein. Your possession, installation, or use of the Software does not transfer to you any title to the
intellectual property in the Software, and you will not acquire any rights to the Software except as
expressly set forth in this Agreement. Novell reserves the right to disclose you as a customer of our
product. Novell will obtain your approval before disclosing any additional information regarding
your organization's use of Novell products in marketing or promotional materials. All copies of the
Software and Documentation made hereunder must contain the same proprietary notices that appear
on and in the Software and Documentation.
4.b Confidentiality. You agree to take all reasonable steps to protect any Novell Confidential
Information with at least the same degree of care that you use to protect your own confidential and
proprietary information, but not less than reasonable care. You will not use the Novell Confidential
Information other than for your implementation and use of the Software and the Documentation as
intended by this Agreement. You may disclose Novell Confidential Information only to your
employees, independent contractors and users as is reasonably required in connection with the
exercise of your rights and obligations under this Agreement (and only subject to binding use and
disclosure restrictions at least as protective as those set forth herein that may be executed in writing
by your employees, independent contractors or users). Notwithstanding the above, you may disclose
Novell Confidential Information pursuant to the valid order or requirement of a court, provided that
you first give Novell reasonable notice to contest such order or requirement. Any such disclosure by
you of the Novell Confidential Information shall, in no way, be deemed to change, affect or diminish
the confidential and proprietary status of the Novell Confidential Information. The provisions of this
464 Novell ZENworks Network Access Control Users Guide