New Legislation Opens Door to Use of Novell's Certification Titles

PROVO, Utah — Nov. 4, 1999 — Novell, Inc., the world's leading provider of directory-enabled networking software and services, today announced an agreement to settle its claims against Nevada's Board of Professional Engineers and Land Surveyors following three years of defending the right of computer networking specialists to use the Certified Novell® EngineerSM (CNE®) or Certified NetWare® Engineer® title. Following a favorable ruling by the Ninth Circuit Court of Appeals and encouraged by subsequent amendments to Nevada's Professional Engineer statute, Novell is satisfied that CNE certification holders in Nevada may use Novell's trademarked certification titles without raising concerns with the Nevada Board.

In 1996, Novell filed a lawsuit seeking judicial review of actions taken by the Board to restrict the use of the term "engineer" in Novell's certification titles in Nevada. Notwithstanding such actions, the Board claimed there was no dispute between the parties and had the case dismissed. On appeal, the Ninth Circuit Court of Appeals disagreed with the Board, finding that the Board's actions had created a "definite and concrete" dispute between the parties, that Novell itself was "in 'reasonable danger' of prosecution," and that Novell had standing to assert the rights of CNEs to use the certification titles. Shortly thereafter, the Nevada legislature amended its Professional Engineer statute to permit non-misleading, commercial uses of the term "engineer."

"Nevada's legislative action validates what the courts have recognized for many years, that the term 'engineer' is a generic term that covers many types of activities outside the scope of 'professional engineering,'" said Craig Christensen, associate general counsel at Novell.

Anona Johnson, executive director of the Nevada Board, said, "The recent amendments resolved many of Novell's concerns about the Nevada statute, and we welcome Novell's input in drafting the implementing regulations. We recognize that Novell and its CNEs provide a valuable service to many people and businesses in Nevada and we welcome their presence in our state."

Under the terms of the settlement, the Board has agreed to pay Novell a sum of money and has invited Novell to participate in public hearings to formulate the regulations that will implement the amended statute.

Novell Education continues to be the leading provider of network training and certification programs to the growing information technology industry. In addition to CNE, other Novell certifications include Master CNESM, Certified Novell AdministratorSM (CNASM), Certified Novell InstructorSM (CNISM), Certified Internet ProfessionalSM and Certified Directory EngineerSM. During the past decade, more than half a million Novell certifications have been granted.

About Novell

Novell, Inc. (NASDAQ:NOVL) is the world's leading provider of directory-enabled networking software. Novell solutions give businesses total control of their private networks and the Internet, simplifying the management of user access and identity. Novell's worldwide channel, consulting, developer, education and technical support programs are the most extensive in the network computing industry.

For information on Novell's complete range of products and services, contact Novell's Customer Response Center at (888) 321-4CRC (4272), or visit Novell's Web site at http://www.novell.com. Press may access Novell announcements and company information on the World Wide Web at http://www.novell.com/pressroom. In addition, detailed comparisons between Novell products and competitive offerings from other vendors are available on the Web at http://www.novell.com/advantage. For information on the Year 2000 status of Novell products, please access Novell's Year 2000 Web site at http://www.novell.com/year2000 or contact Novell's Customer Response Center at year2000@novell.com.

Novell, NetWare, Certified NetWare Engineer and CNE are registered trademarks or service marks, and Certified Directory Engineer, Certified Internet Professional, Certified Novell Administrator, Certified Novell Engineer, Certified Novell Instructor, CNA, CNI and Master CNE are service marks of Novell, Inc. in the United States and other countries. All third-party trademarks are the property of their respective owners.

Press Contact:
Kevan Barney
Novell, Inc.
Phone: (801) 222-4039
Internet: kbarney@novell.com