NOVELL NETWARE SUPPLEMENTAL DRIVER KIT SOFTWARE LICENSE AGREEMENT Important DO NOT BREAK THE SEAL PREVENTING ACCESS TO THE SOFTWARE UNTIL YOU HAVE READ THIS LICENSE AGREEMENT. BY BREAKING THE SEAL OR USING THE SOFTWARE (OR AUTHORIZING ANY OTHER PERSON TO DO SO) YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MAY RETURN THE SOFTWARE (IF THE SEAL IS UNBROKEN) WITHIN TEN DAYS OF PURCHASE FOR A REFUND. DEFINITIONS. "Novell" means Novell, Inc., a Delaware corporation, 122 East 1700 South, Provo, Utah 84606. "You and Your" means the person or business entity who purchased this License to use this Software or for whom such License was purchased. "Software" collectively means all the software You have received from Novell with this License. "Documentation" means the manual(s) and any other printed material provided by Novell with the Software. "License" means the license purchased and granted pursuant to this Agreement. LICENSE AND PROTECTION. License Grant. Novell grants to You, and You purchase, subject to the following terms and conditions, a nonexclusive, nontransferable right to use the accompanying copy of the Software (in object code form only). As a means of promoting the NetWareț Supplemental Driver Kit, Novell further grants you without charge the right to reproduce, distribute and use copies of the Software, provided you (1) include a copy of this Software License Agreement on each copy of media to which a supplemental driver is copied (this Software License Agreement is contained in the "README.TXT" file accompanying the drivers), and (2) do not receive any payment, commercial benefit, other consideration for such reproduction or distribution, or change this license agreement or any copyright notices appearing on or in the Software. All rights not specifically granted to You are retained by Novell and/or its Licensors. Protection of Software. You agree to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of Novell and/or its licensors. The source code and embodied trade secrets are not licensed to You and any modification, addition, or deletion is strictly prohibited. You agree not to disassemble, decompile, or otherwise reverse engineer the Software in order to discover the source code and/or the trade secrets contained in the source code. Copies and Adaptations. Except as otherwise provided in this License, You may not make or authorize the making of copies or adaptations of the Software except as an essential step in the utilization of the Software, or is for archival purposes only to back-up use of the Software. All proprietary rights notices must be faithfully reproduced and included on all copies and adaptations. You may not copy the Documentation. Ownership. Ownership of, and title to, the Software and Documentation (including any adaptations or copies) shall be held by Novell and/or its licensors. Copies are provided to You only to allow You to exercise your rights under the License. Only the License is purchased by You. Restrictions. Except as expressly authorized in this Agreement, You agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share the Software or Documentation. Transfer of License. You may transfer this License to another person or entity if You obtain the prior written approval of Novell. Novell will not withhold approval if You advise Novell in writing of the name and address of the proposed transferee and the transferee agrees to be bound by this Agreement. If Novell approves the transfer of License, You agree to transfer all copies of the Software and Documentation, including any copies or adaptations you have made. Term. This Agreement is effective from the date you break the seal preventing access to the Software, and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all copies and adaptions. This Agreement shall also automatically terminate if You breach any of the terms or conditions of this Agreement. You agree to destroy the original and all adaptions or copies of the Software and Documentation, or to return them to Novell upon termination of this License. LIMITED WARRANTY AND LIMITED LIABILITY. Compatibility. The Software is only compatible with certain computers and operating systems. THE SOFTWARE IS NOT WARRANTED FOR NON- COMPATIBLE SYSTEMS. Call Novell Customer Support or Your Dealer for information about compatibility. Magnetic Media and Documentation. Novell warrants that if the magnetic media or Documentation are in a damaged or physically defective condition at the time that the License is purchased and if they are returned to Novell (postage prepaid) within 90 days of purchase, Novell will provide You with replacements at no charge. Software. Novell warrants that if the Software fails to substantially conform to the specifications in the Documentation and if the nonconformity is reported in writing by You to Novell within 90 days from the date that the License is purchased, then Novell will either remedy the nonconformity or offer to refund the License Fee to You upon return of all copies of the Software and Documentation to Novell. In the event of a refund the License shall terminate. DISCLAIMER OF WARRANTIES. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You. This warranty gives you specific legal rights which vary from state to state. LIMITATION ON LIABILITY. NOVELL'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY OR FOR YOU FOR THE LICENSE. NOVELL SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF NOVELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVELL IS NOT RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY ANY PARTY OTHER THAN YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. GENERAL CONDITIONS. Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Utah of the United States of America. Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and Novell and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE REPRESENTATIONS OR PROMISES OF THIS AGREEMENT ABOUT THE SOFTWARE. Waiver. No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized representative of Novell. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement. Severability. If any provision in this Agreement is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions shall be interpreted to give effect to severed provisions. Export. You agree that You will not knowingly, directly or indirectly, without prior written consent, if required, of the Office of Export Licensing of the U.S. Department of Commerce, Washington D.C. 20230, export or transmit the Software to Afghanistan, the Peoples Republic of China, or to any group Q, S, W, Y, or Z country specified in the Export Administration Regulations issued by the U.S. Department of Commerce or to any country to which such transmission is restricted by applicable regulations or statutes. U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR  52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR  52.227-19 (June 1987), or DFARS  52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Novell Inc., 122 East 1700 South, Provo, Utah 84606.