PLEASE READ THIS BETA AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS BETA AGREEMENT AND ANY SUPPLEMENTAL SUSE LICENSE AGREEMENT INCLUDED WITH THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT PRIOR WRITTEN AUTHORIZATION FROM SUSE.
This SUSE End User License Agreement for Beta Software (“Beta Agreement”) together with any Supplemental SUSE License Agreement included with the Software constitutes a legal agreement between You (an entity or a person) and SUSE LLC (“SUSE”). The software product(s) accompanying this Beta Agreement, software updates, media (if any) and accompanying online or printed documentation (collectively the “Software”) is protected by the copyright laws and treaties of the United States and other countries and is subject to the terms of this Beta Agreement. If You do not agree with the terms of this Beta Agreement, do not download, install or otherwise use the Software and, if applicable, return the entire unused package to SUSE. The Software is licensed to You, not sold.
The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than SUSE. The terms of an end user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below. Third party software programs are provided for use at Your option. SUSE is not responsible for any third party’s software and shall have no liability for Your use of third party software.
The Software may include components that 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 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. While the license terms for a component may authorize You to distribute the component, You may not use any SUSE marks (e.g., SUSE and SUSE LINUX) in distributing the component, whether or not the component contains SUSE marks.
License. Subject to the terms and conditions of this Beta Agreement, SUSE grants You a non-exclusive, non-transferable right to reproduce and internally use the Software during the Term specified below in a quantity as reasonably necessary to perform Your evaluation and/or testing of the Software.
If a SUSE product separate to the product provided for beta testing is included in or with the Software, then notwithstanding the license rights in the license agreement accompanying the copy of that separate SUSE product, You agree to use the separate SUSE product solely in connection with and solely for the purpose of Your evaluation of the Software. Your right to use the separate SUSE product software terminates upon termination of the Beta Agreement as specified below.
Term. This Beta Agreement becomes effective on the date You legally acquire the Software and will remain in force until terminated as follows. This Beta Agreement shall terminate upon the earlier of: (i) 90 days from the date of installation of the Software, (ii) the next release of a pre-release version, if any, of the Software, (iii) first commercial shipment by SUSE of the Software, (iv) written notice of termination by either party, or (v) the date on which You breach any of the terms of this Beta Agreement. Upon termination of this Beta Agreement, You must cease use of the Software, return to an original state any actions performed by the Software, destroy the original and all copies of the Software or return them to SUSE, and delete the Software entirely from Your systems.
Pre-Release Quality. Since the Software is of pre-release quality, You should not use the Software in a commercial or production system. The Software has not been fully tested and may contain errors and omissions. The Software should be used only in a testing environment. SUSE does not guarantee that a commercial version of the Software will become generally available to the public, that target dates will be met, or that associated products will be released. The entire risk arising out of Your use of the Software remains with You. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data. Use of the Software is entirely at Your own risk.
Confidentiality. (This section applies to You unless SUSE has released the Software to the general public as an open beta without obligation of confidentiality.) The Software and all embodied concepts, accompanying documentation and materials, product features, test and evaluation results, benchmark results, target dates, PIN numbers and passwords, and all other related information are proprietary and confidential information of SUSE and its suppliers and are referred to herein as “Confidential Information”. You agree not to disclose or provide any Confidential Information to any third party or use the Confidential Information for any purpose other than testing or evaluating the Software and providing feedback to SUSE. If provided a PIN number or password to access restricted sites, You agree not to share the PIN number or password with any third party. Your obligations of confidentiality shall survive termination of this Beta Agreement until the date SUSE makes such information publicly available.
Feedback. You understand and agree that SUSE may use any feedback or information You provide and You hereby grant SUSE a perpetual and irrevocable license to use all such feedback and information for any purpose without compensation to You, provided that SUSE shall not publicly reference Your name in connection therewith. You represent and warrant that such feedback and information will not include any proprietary or confidential information of You or any third party and that You have full authority to grant the foregoing license.
License Restrictions. SUSE reserves all rights not expressly granted to You. You may not: (1) increase, by any means whatsoever, the number of connections supported by the Software and licensed to You or support more than one connection or user through a single connection; (2) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law; (3) modify, alter, rent, timeshare or lease the Software or sublicense any of Your rights under this Beta Agreement; or (4) transfer the Software or Your license rights under this Beta Agreement, in whole or in part.
If You have been appointed as an Authorized Beta Test Site for the Software, then the following terms and conditions apply to You. To qualify as an authorized beta test site please contact SUSE beta program manager by e-mail at email@example.com. SUSE may change the benefits offered to You at any time by posting the revised benefits on the applicable SUSE web site.
Support. SUSE will provide direct support for the Software in accordance with SUSE’s then current support offering for Authorized Beta Test Sites for the applicable Software as posted on the applicable SUSE web site and as communicated by SUSE’s Beta Program Manager for the Software. Such support may be facilitated by web-based tools, electronic mail, and/or telephone. SUSE will provide You all necessary world-wide web addresses, electronic mail addresses and telephone support numbers.
Testing. You agree, at Your expense, to perform and complete all test programs provided by SUSE throughout the beta test period and fully test the Software by performing other tests deemed useful or necessary. You agree to dedicate hardware, software, and personnel as necessary to perform adequate testing and to meet the requirements herein. At a minimum, You agree to perform at least four man-hours of testing per week during the term of the beta test period. During all testing, specific attention should be directed to functionality, accuracy, consistency, and ease of use of the Software involved in each test as well as any associated documentation. Results of all test programs and other testing, including any and all suggestions, inconsistencies and/or problems, must be logged in accurate detail (including system configuration, etc.) and submitted to SUSE on a weekly basis using the reporting method and/or tools provided by and/or specified by SUSE. These methods and tools may include, but are not limited to, web-based tools, electronic mail, FAX, US Mail, and/or telephone. To enable prompt fixes, You agree to report all problems found with the Software within two (2) days of encountering the problem, regardless of uncertainty about whether an incident involves an error or bug. If requested, You agree to produce a written report at the end of the beta test period summarizing the testing performed, overall impressions of the Software, and potential planned uses of the Software within Your environment. You may receive questionnaires pertaining to the performance of test programs and other aspects of the Software, which You agree to complete and return by the date and medium specified.
No title to or ownership of the Software is transferred to You. SUSE and/or its licensors own and retain all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software.
THE SOFTWARE AND OTHER CONFIDENTIAL INFORMATION IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY YOU. SUSE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SUSE DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary from state to state.
Non-SUSE Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a licensor other than SUSE. SUSE DOES NOT WARRANT NON-SUSE PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN ‘AS IS” BASIS. ANY WARRANTY SERVICE FOR NON-SUSE PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
Consequential Losses. NEITHER SUSE NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. Direct Damages. IN NO EVENT WILL SUSE’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitation of damages, SUSE’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
Support. SUSE has no obligation to provide support for the Software except as expressly stated herein.
Benchmark Testing. This benchmark testing restriction applies to You if You are a software developer or licensor or if You are performing testing on the Software at the direction of or on behalf of a software developer or licensor. You may not, without SUSE’s prior written consent not to be unreasonably withheld, publish or disclose to any third party the results of any benchmark test of the Software. If You are a licensor of products that are functionally similar to or compete with the Software (“Similar Products”), or are acting on behalf of such a licensor, and You publish or disclose benchmark information on the Software in violation of this restriction, then notwithstanding anything to the contrary in the Similar Product’s end user license agreement, and in addition to any other remedies SUSE may have, SUSE shall have the right to perform benchmark testing on Similar Products and to disclose and publish that benchmark information and You hereby represent that You have authority to grant such right to SUSE.
Open Source. Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under any applicable open source licenses to any open source code contained in the Software. No Obligation to Purchase. This Beta Agreement shall not be construed as committing You to purchase licenses for the commercially available version of the Software. Any such purchase will be evidenced by the issuance of a formal purchase order.
Transfer. This Beta Agreement may not be transferred or assigned without the prior written approval of SUSE.
Law and Jurisdiction. This Beta Agreement is governed by the laws of the State of Utah, U.S. Any action at law relating to this Beta Agreement may only be brought before the courts of competent jurisdiction of the State of Utah. If, however, Your country of principal residence is a member state of the European Union or the European Free Trade Association, this Beta Agreement is governed by the laws of that country, and any action at law may only be brought before a court of competent jurisdiction of that country.
Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and SUSE and may be amended or modified only by a written agreement agreed to by You and an authorized representative of SUSE. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Beta 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 Beta Agreement.
Severability. If any provision in this Beta Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Beta Agreement will remain unaffected.
Export Compliance. Any products or technical information provided under this Agreement may be subject to U.S. export controls and the trade laws of other countries. The parties agree to comply with all export control regulations and to obtain any required licenses or classification to export, re-export or import deliverables. The parties agree not to export or re-export to entities on the current U.S. export exclusion lists or to any embargoed or terrorist countries as specified in the U.S. export laws. The parties will not use deliverables for prohibited nuclear, missile, or chemical biological weaponry end uses. Please consult the Bureau of Industry and Security web page www.bis.doc.gov before exporting SUSE products from the U.S. Please refer to https://www.suse.com/company/legal/ for more information on exporting SUSE software. Upon request, SUSE will provide You specific information regarding applicable restrictions. However, SUSE assumes no responsibility for Your failure to obtain any necessary export approvals. By installing, downloading or otherwise using the software, You are deemed to make the following statement: We certify that this beta test/evaluation software will only be used for beta testing purposes, and will not be rented, leased, sold, sublicensed, assigned, or otherwise transferred. Further, we certify that we will not transfer or export any product, process, or service that is the direct product of the beta test software.
U.S. Government Restricted Rights. 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) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is SUSE LLC 404 Wyman Street, Waltham, MA 02415.
Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(c)2013 SUSE LLC or its affiliates. All Rights Reserved. (020314)