Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual page 502

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THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE
FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES
HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to
you for the programs licensed under this agreement.
Restricted Rights
If you distribute a license to the United States government, the programs, including documentation,
shall be considered commercial computer software and you will place a legend, in addition to
applicable copyright notices, on the documentation, and on the media label, substantially similar to
the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and
use, duplication, and disclosure of the programs, including documentation, shall be subject to the
licensing restrictions set forth in the applicable Oracle license agreement. Otherwise, programs
delivered subject to the Federal Acquisition Regulations are 'restricted computer software' and use,
duplication, and disclosure of the programs, including documentation, shall be subject to the
restrictions in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987).
Oracle USA, Inc., 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to
terminate your right to use the programs if you fail to comply with any of the terms of this
agreement, in which case you shall destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it
has any authority to assume or create any obligation, express or implied, on behalf of the other party,
nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in
this agreement shall be construed to limit either party's right to independently develop or distribute
software that is functionally similar to the other party's products, so long as proprietary information
of the other party is not included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution -
is often licensed under terms that require the user to make the user's modifications to the Open
Source software or any software that the user 'combines' with the Open Source software freely
available in source code form. If you use Open Source software in conjunction with the programs,
you must ensure that your use does not: (i) create, or purport to create, obligations of us with respect
502 Novell ZENworks Network Access Control Users Guide

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