Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual page 467

weapons systems, direct life-support machines, or any other application in which the failure of the
Software could lead directly to death, personal injury, or severe physical or property damage
(collectively, "High Risk Activities"). Novell expressly disclaims any express or implied warranty of
fitness for High Risk Activities.
11. Software Operation Disclaimer. You acknowledge and agree that the function of the Software
provided by Novell hereunder is to identify and repair or stop network security vulnerabilities or
attacks. As such the Software contains code that is potentially harmful to network devices and the
operation of the Software may cause network devices to malfunction or cease to operate.
Notwithstanding anything to the contrary in this Agreement, Novell will not be liable for any
damages (direct, indirect or consequential) arising from device downtime or malfunction caused by
the operation of the Software, including any network downtime resulting from the malfunction of a
device affected by the Software.
12. Miscellaneous. This Agreement is governed by the laws of the United States and the State of
Colorado, without reference to conflict of laws principles. Any legal action concerning or arising out
of this Agreement must be brought in the State of Colorado. BY AGREEING TO THIS LICENSE
YOU EXPRESSLY AGREE TO WAIVE YOUR RIGHTS TO CONTEST PERSONAL
JURISDICTION AND VENUE OR TO MOVE TO TRANSFER THE ACTION TO ANOTHER
JURISDICTION OUTSIDE OF THE STATE OF COLORADO UNDER STATE OR FEDERAL
STATUTES OR THE DOCTRINE OF FORUM NON CONVENIENS. The application of the
United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
This Agreement sets forth all rights for your use of the Software and is the entire agreement between
the parties. Novell reserves the right to periodically audit you to ensure that you are not using any
Software in violation of this Agreement. During your standard business hours and upon prior written
notice, Novell may visit you and you will make available to Novell or its representatives any records
pertaining to the Software to Novell. The cost of any required audit will be solely borne by Novell,
unless you are using the Software in an unauthorized manner, in which case you shall pay the cost of
the audit. This Agreement supersedes any other communications with respect to the Software and
Documentation and prevails over any conflicting terms of any quote or order or additional terms of
any purchase order or acknowledgment unless specifically agreed to by Novell. This Agreement, the
order and any executed Statements of Work under this Agreement constitute the complete, final and
exclusive embodiment of the entire agreement between the Parties with regard to the subject matter
hereof. This Agreement is entered into without reliance on any promise or representation, written or
oral, other than those expressly contained herein. This Agreement may not be modified except by a
written addendum issued by a duly authorized representative of Novell. No provision hereof shall be
deemed waived unless such waiver shall be in writing and signed by Novell or a duly authorized
representative of Novell. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. You may not assign or transfer by operation of law
or otherwise, any rights under this Agreement. (including licenses with respect to the Software) or
delegate any of your duties under this Agreement to any third party without Novell's prior written
consent. You must be current on all payments to Novell prior to requesting any assignment or
transfer. Any attempted assignment or transfer in violation of the foregoing will be void. Novell may
assign or transfer, by operation of law or otherwise, any of its rights under this Agreement or
delegate any of its duties under this Agreement to any third party.
13. NOVELL CUSTOMER CONTACT. If you have any questions concerning these terms and
conditions, or if you would like to contact Novell for any other reason, please call (303) 381-3800,
fax (303) 381-3880, or write: Novell, 100 Superior Plaza Way Suite 200 Superior, CO 80027
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