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LICENSE AGREEMENT openSUSE® 12.3
This agreement governs your download, installation, or use of openSUSE 12.3 and its updates, regardless of the delivery mechanism. openSUSE 12.3 is a collective work under US Copyright Law. Subject to the following terms, The openSUSE Project grants to you a license to this collective work pursuant to the GNU General Public License version 2. By downloading, installing, or using openSUSE 12.3, you agree to the terms of this agreement.
openSUSE 12.3 is a modular Linux operating system consisting of hundreds of software components. The license agreement for each component is generally located in the component's source code. With the exception of certain files containing the “openSUSE” trademark discussed below, the license terms for the components permit you to copy and redistribute the component. With the potential exception of certain firmware files, the license terms for the components permit you to copy, modify, and redistribute the component, in both source code and binary code forms. This agreement does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.
openSUSE 12.3 and each of its components, including the source code, documentation, appearance, structure, and organization, are copyrighted by The openSUSE Project and others and are protected under copyright and other laws. Title to openSUSE 12.3 and any component, or to any copy, will remain with the aforementioned or its licensors, subject to the applicable license. The "openSUSE" trademark is a trademark of Novell, Inc. in the US and other countries and is used by permission. This agreement permits you to distribute unmodified or modified copies of openSUSE 12.3 using the “openSUSE” trademark on the condition that you follow The openSUSE Project’s trademark guidelines located at http://en.opensuse.org/Legal. You must abide by these trademark guidelines when distributing openSUSE 12.3, regardless of whether openSUSE 12.3 has been modified.
Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OPENSUSE 12.3 AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. The openSUSE Project does not warrant that the functions contained in openSUSE 12.3 will meet your requirements or that the operation of openSUSE 12.3 will be entirely error free or appear precisely as described in the accompanying documentation. USE OF OPENSUSE 12.3 IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPENSUSE PROJECT (AND ITS LICENSORS, SUBSIDIARIES, AND EMPLOYEES) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE OPENSUSE 12.3, EVEN IF THE OPENSUSE PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN A JURISDICTION THAT LIMITS THE EXCLUSION OR LIMITATION OF DAMAGES, THE OPENSUSE PROJECT’S (AND ITS LICENSORS’, SUBSIDIARIES’, AND EMPLOYEES’) AGGREGATE LIABILITY IS LIMITED TO $50US, OR IF SUCH A LIMITATION IS NOT ALLOWED, IS LIMITED TO THE MAXIMUM EXTENT ALLOWED.
As required by US law, you represent and warrant that you: (a) understand that openSUSE 12.3 is subject to export controls under the Export Administration Regulations ("EAR") which are implemented and enforced by the US Department of Commerce, Bureau of Industry and Security; (b) are not located in a prohibited destination country or are specifically prohibited under the EAR or US sanctions regulations; (c) will not export, re-export, or transfer openSUSE 12.3 to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the US Government; (d) will not use or transfer openSUSE 12.3 for use in any sensitive nuclear, chemical, or biological weapons or missile technology end-uses unless authorized by the US Government by regulation or specific license; (e) understand that countries other than the US may restrict the import, use, or export of encryption products and that you will be solely responsible for compliance with any such import, use, or export restrictions.
If any provision of this agreement is held to be unenforceable, that will not affect the enforceability of the remaining provisions. This agreement will be governed by the laws of the State of Utah and of the US, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods will not apply. This agreement sets forth the entire understanding and agreement between you and The openSUSE Project regarding its subject matter and may be amended only in a writing signed by both parties. No waiver of any right under this 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 agreement. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b)(3) (November 1995), or applicable successor clauses.
Copyright © 2008-2011 The openSUSE Project. All rights reserved. "Novell" and "openSUSE" are trademarks of Novell, Inc., which founded, sponsors, and is designated by, The openSUSE Project. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.