NOVELL NETWARE DOS CLIENT KIT v.3.x LICENSE Important 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 acquires this License to use this Software or for whom such License was acquired. "Software" collectively means all the software contemporaneously distributed by Novell as the NetWare DOS Client Kit v.3.x. "Documentation" means the manual(s) and any other printed material provided by Novell (if any) with the Software. LICENSE AND PROTECTION. License Grant. Novell grants to You, subject to the following terms and conditions, a nonexclusive, nontransferable right to use the Software (in object code form only), and as a means of promoting the Software the nonexeclusive 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 "LICENSE.TXT" file accompanying the Software), (2) do not receive any payment, commercial benefit, other consideration for such reproduction or distribution, or (3) modify the Software, 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. 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. Term. This Agreement is effective from the date you obtain a copy of 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. This Agreement shall also automatically terminate if You breach any of the terms or conditions of this Agreement. LIMITED WARRANTY AND LIMITED LIABILITY. WITHOUT WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. 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. 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.