SUSE(R) End User License Agreement for ALP Software
PLEASE READ THIS PROTOTYPE AGREEMENT CAREFULLY. BY INSTALLING,
DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS
OF THIS PROTOTYPE AGREEMENT AND ANY SUPPLEMENTAL SUSE LICENSE AGREEMENT
INCLUDED WITH THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT
BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT PRIOR WRITTEN
AUTHORIZATION FROM SUSE.
This SUSE End User License Agreement for ALP Prototype Software ("Prototype
Agreement") together with any Supplemental SUSE License Agreement
included with the Software constitutes a legal agreement between You
(an entity or a person) and SUSE LLC ("SUSE"). The software
product(s) accompanying this Prototype Agreement, software updates, media
(if any) and accompanying online or printed 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 Prototype Agreement. If You do not agree with the
terms of this Prototype Agreement, do not download, install or otherwise
use the Software and, if applicable, return the entire unused
package to SUSE. The Software is licensed to You, not sold.
The Software may include or be bundled with other software programs
licensed under different terms and/or licensed by a licensor other
than SUSE. The terms of an end user license agreement accompanying
a particular software file upon installation or download of the
software shall supersede the terms presented below. Third party
software programs are provided for use at Your option. SUSE is not
responsible for any third party's software and shall have no
liability for Your use of third party software.
The Software may include components that are open source packages,
developed independently, and accompanied by separate license terms.
Your license rights with respect to individual components
accompanied by separate license terms are defined by those terms;
nothing in this Agreement shall restrict, limit, or otherwise affect
any rights or obligations You may have, or conditions to which You
may be subject, under such license terms. While the license terms
for a component may authorize You to distribute the component, You
may not use any SUSE marks (e.g., SUSE and SUSE LINUX) in
distributing the component, whether or not the component contains
SUSE marks.
License. Subject to the terms and conditions of this Prototype
Agreement, SUSE grants You a non-exclusive, non-transferable right
to reproduce and internally use the Software during the Term
specified below in a quantity as reasonably necessary to perform
Your evaluation and/or testing of the Software.
If a SUSE product separate to the product provided for prototype testing
is included in or with the Software, then notwithstanding the
license rights in the license agreement accompanying the copy of
that separate SUSE product, You agree to use the separate SUSE
product solely in connection with and solely for the purpose of Your
evaluation of the Software. Your right to use the separate SUSE
product software terminates upon termination of the Prototype Agreement
as specified below.
Term. This Prototype Agreement becomes effective on the date You legally
acquire the Software and will remain in force until terminated as
follows. This Prototype Agreement shall terminate upon the earlier of:
(i) 90 days from the date of installation of the Software, (ii) the
next release of a pre-release version, if any, of the Software,
(iii) first commercial shipment by SUSE of the generally available Software, (iv)
written notice of termination by either party, or (v) the date on
which You breach any of the terms of this Prototype Agreement. Upon
termination of this Prototype Agreement, You must cease use of the
Software, return to an original state any actions performed by the
Software, destroy the original and all copies of the Software or
return them to SUSE, and delete the Software entirely from Your
systems.
Pre-Release Quality. Since the Software is of pre-release quality,
You should not use the Software in a commercial or production
system. The Software has not been fully tested and may contain
errors and omissions. The Software should be used only in a testing
environment. SUSE does not guarantee that a commercial version of
the Software will become generally available to the public, that
target dates will be met, or that associated products will be
released. The entire risk arising out of Your use of the Software
remains with You. The Software may contain an automatic disabling
mechanism that prevents its use after a certain period of time, so
You should back up Your system and take other measures to prevent
any loss of files or data. Use of the Software is entirely at Your
own risk.
Confidentiality. (This section applies to You unless SUSE has
released the Software to the general public as an open prototype without
obligation of confidentiality.) The Software and all embodied
concepts, accompanying documentation and materials, product
features, test and evaluation results, benchmark results, target
dates, PIN numbers and passwords, and all other related information
are proprietary and confidential information of SUSE and its
suppliers and are referred to herein as "Confidential Information".
You agree not to disclose or provide any Confidential Information to
any third party or use the Confidential Information for any purpose
other than testing or evaluating the Software and providing feedback
to SUSE. If provided a PIN number or password to access restricted
sites, You agree not to share the PIN number or password with any
third party. Your obligations of confidentiality shall survive
termination of this Prototype Agreement until the date SUSE makes such
information publicly available.
Feedback. You understand and agree that SUSE may use any feedback
or information You provide and You hereby grant SUSE a perpetual and
irrevocable license to use all such feedback and information for any
purpose without compensation to You, provided that SUSE shall not
publicly reference Your name in connection therewith. You represent
and warrant that such feedback and information will not include any
proprietary or confidential information of You or any third party
and that You have full authority to grant the foregoing license.
License Restrictions. SUSE reserves all rights not expressly
granted to You. You may not: (1) increase, by any means
whatsoever, the number of connections supported by the Software and
licensed to You or support more than one connection or user through
a single connection; (2) reverse engineer, decompile, or disassemble
the Software except and only to the extent it is expressly permitted
by applicable law; (3) modify, alter, rent, timeshare or lease the
Software or sublicense any of Your rights under this Prototype Agreement;
or (4) transfer the Software or Your license rights under this Prototype
Agreement, in whole or in part.
OWNERSHIP RIGHTS
No title to or ownership of the Software is transferred to You.
SUSE and/or its licensors own and retain all title and ownership of
all intellectual property rights in the Software, including any
adaptations or copies. You acquire only a license to use the
Software.
WARRANTY DISCLAIMER
THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED
BY YOU. SUSE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SUSE DOES NOT WARRANT THAT THE SOFTWARE WILL
SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE 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 from
state to state.
Non-SUSE Products. The Software may include or be bundled with
hardware or other software programs licensed or sold by a licensor
other than SUSE. SUSE DOES NOT WARRANT NON-SUSE PRODUCTS. ANY SUCH
PRODUCTS ARE PROVIDED ON AN 'AS IS" BASIS. ANY WARRANTY SERVICE FOR
NON-SUSE PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE
WITH THE APPLICABLE LICENSOR WARRANTY.
LIMITATION OF LIABILITY
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, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR
DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
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 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
Support. SUSE has no obligation to provide support for the Software
except as expressly stated herein.
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.
Open Source. Nothing in this Agreement shall restrict, limit or
otherwise affect any rights or obligations You may have, or
conditions to which You may be subject, under any applicable open
source licenses to any open source code contained in the Software.
No Obligation to Purchase. This Prototype Agreement shall not be
construed as committing You to purchase licenses for the
commercially available version of the Software. Any such purchase
will be evidenced by the issuance of a formal purchase order.
Transfer. This Prototype Agreement may not be transferred or assigned
without the prior written approval of SUSE.
Law and Jurisdiction. This Prototype Agreement is governed by the laws
of the State of Utah, U.S. Any action at law relating to this Prototype
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, the United Kingdom, or the
European Free Trade Association, this Prototype 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 Prototype 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 Prototype
Agreement.
Severability. If any provision in this Prototype 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
Prototype 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 https://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. By installing,
downloading or otherwise using the software, You are deemed to make
the following statement: We certify that this prototype test/evaluation
software will only be used for prototype testing purposes, and will not
be rented, leased, sold, sublicensed, assigned, or otherwise
transferred. Further, we certify that we will not transfer or export
any product, process, or service that is the direct product of the
prototype test software.
Other. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
(c)2022 SUSE LLC or its affiliates. All Rights Reserved.
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