Novell Upgrade Protection Terms
(SUSE Linux Maintenance Terms)
Introduction: These Novell Upgrade Protection Terms ("Agreement") are between the relevant Novell entity ("Novell") and any purchaser or user ("Customer") of Novell SUSE Linux products that accepts the terms of this Agreement. The relevant Novell entity in EMEA (Europe, the Middle East, and Africa) is Novell Ireland Software Limited or a local Novell legal entity acting as a commissionaire for Novell Ireland Software Limited. Outside EMEA, the relevant entity is Novell, Inc (unless Customer is located in either Canada, Japan, or India, in which case the relevant entity is either Novell Canada Ltd, Novell Japan, or Onward India respectively). By clicking "Accept" below, Customer represents that the person performing the acceptance has the authority to commit Customer to the Agreement terms, and that Customer agrees to be bound by such terms. The Effective Date of this Agreement is the earlier of the date that Customer accepts this Agreement or the date Customer begins using Novell's SUSE Linux products following valid receipt of the registration code.
Applicability. These terms do not apply to technical support, professional services (consulting), or training. Novell shall only perform technical support, professional services, or training services on the basis of a separately executed agreement. The Upgrade Protection services do not include integration services, installation of Upgrades or Updates, or any other benefits not expressly described in this Agreement.
Term and Registration: Unless Customer is a party to a Novell enterprise agreement (MLA, CLA, VLA, ALA, or SLA), the initial term of this Agreement shall begin on the Effective Date and continue for a period of one (1) year (the "Annual Period"). Thereafter, the term shall automatically renew for successive periods of one year unless either party gives written notice to the other of its intent not to renew at least sixty (60) days prior to the beginning of the next term. Customer registers for Novell's Upgrade Protection, after receiving a unique 14-digit registration code, by entering the registration code at the Novell/SUSE Linux web portal at: www.novell.com/linux/suse/portal/
Licensing. The license grants and restrictions for the SUSE Linux product (including any Upgrades) are contained in the End User License Agreement ("EULA") accompanying that product. A copy of the EULA is available from Novell upon request or can be obtained at http://www.novell.com/licensing/eula. Most of the components of the SUSE Linux product 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 or the EULA 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.To the extent of any conflict between the terms and conditions of this Agreement and any open source license governing the product in question, the terms and conditions of the open source license will prevail. When obtaining Linux products or services from Novell, the licensor is Novell, Inc., regardless of anything to the contrary in Customer's enterprise (e.g., MLA, CLA, VLA, ALA, SLA) agreement, or any terms and conditions accompanying the products or services.
Reporting. Customer acknowledges that the completeness and accuracy of the information Customer provides to Novell may affect Novell's ability and desire to provide Upgrade Protection services. The Upgrade Protection purchased by Customer is intended for use only for the benefit of Customer and only for the specific installations of the SUSE Linux product covered by Upgrade Protection. If Customer purchases Upgrade Protection, it must purchase Upgrade Protection for all copies of the SUSE Linux product(s) installed. For those SUSE Linux products on which Upgrade Protection (or Maintenance) is sold via Novell's price lists on a per-server basis, each copy must be installed on a machine corresponding to the Upgrade Protection sku or part number describing such product (e.g., a 2-cpu annual SUSE Linux Enterprise Server Upgrade Protection sku cannot be used to cover a copy installed on an 8-cpu machine). Any unauthorized use of Upgrade Protection will be treated as a material breach of this Agreement. If Customer wishes to increase the number of copies of the SUSE Linux product installed, Customer must purchase from Novell or its authorized reseller Upgrade Protection for each additional copy installed. Upon renewal, Customer's submission of a purchase order or payment of Upgrade Protection fees will be deemed a representation of the number of copies of the SUSE Linux product receiving Upgrade Protection benefits. During the term of this Agreement and for two years after its expiration or termination, Novell will have the right, at its expense and upon no fewer than three (3) working days prior written notice, to verify Customer's purchase and use of Upgrade Protection benefits and related records and payments. If Customer has underpaid amounts owing, Customer must immediately purchase from Novell or its authorized reseller sufficient units or subscriptions of Upgrade Protection to support the actual number of copies installed and pay all amounts owing.
Upgrade Protection Benefits. The purchase of Upgrade Protection for a specific installation of SUSE Linux entitles Customer to install and use all Upgrades and Updates (see below) made commercially available by Novell during the period covered by the Upgrade Protection, up to the number of installations for which Customer has purchased Upgrade Protection. Update means a fix or compilation of fixes released by Novell to correct operational defects (program bugs) in the SUSE Linux product. Upgrade means any new version of SUSE Linux which bears the same product name, including version changes evidenced by a number immediately to either the left or right of the decimal (e.g. for SLES 8.0 to 9.0). If a question arises as to whether a product offering is an Upgrade or a new product, Novell's opinion will prevail, provided that Novell treats the product offering the same for its end users generally. If Novell commercially releases any Upgrades and/or Updates, Novell will make such Upgrades and/or Updates available to Customer within a reasonable period of time after they become commercially available. Customer acknowledges that Novell cannot guarantee any specific turnaround times and/or regular release intervals.
Immediate and Preventive Updates. At its sole discretion, Novell will determine whether to eliminate a program bug - a software defect that impairs the function of the relevant SUSE Linux product according to its specifications—by means of issuing Updates as a reaction to, or a prevention of, a program bug. Novell will inform Customer by e-mail as soon as new Updates are released at the Novell/SUSE Linux website. The messages will be sent to the email addresses supplied by Customer during its registration for Upgrade Protection.