license_novell_fsla_1.0.txt

Novell Slist 源代码

    distribution does not allow recipient the prior opportunity to review
    the terms of the license under which You distribute the Covered
    Code, You shall extend to the recipient the right to return the
    Covered Code if recipient rejects the terms of the license, and to a
    refund of any fees to the extent that the return of the Covered Code
    undermines the value promised recipient in exchange for any such
    fees.

    7. Larger Works. You may create a Larger Work by combining
    Covered Code with other code not governed by the terms of this
    Agreement and distribute the Larger Work as a single product. In
    such a case, You must make sure the requirements of this
    Agreement are fulfilled for the Covered Code.

    8. Year 2000 Compliancy. You agree not to distribute the Covered
    Code in Executable form unless such Covered Code is Year 2000
    Compliant. You acknowledge that the functionality of the Covered
    Code may be affected by the Year 2000 Compliancy of other
    products with which the Covered Code is used, and that it is Your
    responsibility to ascertain the Year 2000 Compliancy of such
    products from the products' vendors or by other means.

6. Inability to Comply Due to Statute or Regulation or Adjudication. If it is
impossible for You to comply with any of the terms of this Agreement
with respect to some or all of the Covered Code due to statute or
regulation or adjudication then You may not exercise the licenses granted
under this Agreement with respect to the relevant Covered Code.

7. Application of this Agreement. This Agreement applies to code to which
the Initial Developer has attached the notice in Exhibit A, and to related
Covered Code.

8. Versions of the Agreement.

    1. New Versions. Novell, Inc. ("Novell") may publish revised and/or
    new versions of the Agreement from time to time. Each version
    will be given a distinguishing version number.

    2. Effect of New Versions. Once Covered Code has been published
    under a particular version of the Agreement, You may always
    continue to use it under the terms of that version. You may also
    choose to use such Covered Code under the terms of any
    subsequent version of the Agreement published by Novell. No one
    other than Novell has the right to modify the terms applicable to
    Covered Code created under this Agreement.

    3. Derivative Works. If you create or use a modified version of this
    Agreement (which you may only do in order to apply it to code
    which is not already Covered Code governed by this Agreement),
    you must (a) rename Your license so that the phrases "Novell",
    "Novell Free Source Agreement", or any confusingly similar
    phrase do not appear anywhere in your license and (b) otherwise
    make it clear that your version of the license contains terms which
    differ from the Novell Free Source Agreement. (Filling in the name
    of the Initial Developer, Original Code or Contributor in the notice
    described in Exhibit A shall not of themselves be deemed to be
    modifications of this Agreement.)

9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS AGREEMENT ON AN
"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR THAT THE COVERED CODE IS FREE
OF DEFECTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ACKNOWLEDGE THAT THIS
DISCLAIMER APPLIES TO YEAR 2000 COMPLIANCY OF COVERED CODE. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY
COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

10. TERMINATION. This Agreement and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall survive
any termination of this Agreement. Provisions which, by their nature, must
remain in effect beyond the termination of this Agreement shall survive.

11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

12. U.S. GOVERNMENT END USERS. The Covered Code is a
"commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.

13. MISCELLANEOUS. This Agreement represents the complete agreement
concerning subject matter hereof. If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This Agreement shall be governed
by law provisions of the State of Utah (except to the extent applicable law,
if any, provides otherwise), excluding its conflict-of-law provisions. With
respect to disputes in which at least one party is a citizen of, or an entity
chartered or registered to do business in, the United States of America: (a)
unless otherwise agreed in writing, all disputes relating to this Agreement
(excepting any dispute relating to intellectual property rights) shall be
subject to final and binding arbitration, with the losing party paying all
costs of arbitration; (b) any arbitration relating to this Agreement shall be
held in Salt Lake City, Utah; and (c) any litigation relating to this
Agreement shall be subject to the jurisdiction of the Federal Courts of the
State of Utah, with venue lying in Salt Lake City, Utah, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall not apply
to this Agreement.

14. RESPONSIBILITY FOR CLAIMS. You are responsible for damages
arising, directly or indirectly, out of Your utilization of rights under this
Agreement, based on the number of copies of Covered Code you made
available, the revenues you received from utilizing such rights, and other
relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.

AMENDMENTS

Additional Terms applicable to the Novell Free Source Agreement.

15. Effect. These additional terms described in this Novell Free Source
Agreement -- Amendments shall apply to all Original Code and
Modifications contributed by Novell ("Novell Contributions") and to all
Covered Code under this Agreement.

16. "Novell's Branded Code" means Covered Code that Novell distributes
and/or permits others to distribute under one or more trademark(s) which
are controlled by Novell but which are not licensed for use under this
Agreement.

17. Novell Marks. This Agreement does not grant any rights to use the
trademark "Novell' or marks associated with Novell Contributions, even if
such marks are included in Novell Contributions.

18. Inability to Comply Due to Contractual Obligation. Prior to licensing
Novell Contributions under this Agreement, Novell may have licensed
third party code for use in Novell's Branded Code. To the extent that
Novell is limited contractually from making such third party code
available under this Agreement, Novell may choose to reintegrate such
code into Covered Code without being required to distribute such code in
Source Code form, even if such code would otherwise be considered
"Modifications" under this Agreement.

19. Use of Modifications and Covered Code by Initial Developer.

    1. In General. The obligations of Section 5 of the Agreement apply to
    Novell, except to the extent specified in this Amendment.

    2. Other Products. Novell may include Covered Code in products
    other than Novell's Branded Code, without such additional
    products becoming subject to the terms of this Agreement, and
    may license such additional products on different terms from those
    contained in this Agreement.

    3. Alternative Licensing. Novell may license the Source Code of
    Novell's Branded Code, including Modifications incorporated
    therein, without such additional products becoming subject to the
    terms of this Agreement, and may license such additional products
    on different terms from those contained in this Agreement.

EXHIBIT A

"The contents of this file are subject to the Novell Free Source Agreement
Version 1.0 (the "Agreement"); you may not use this file except in compliance
with the Agreement. You may obtain a copy of the Agreement at [URL].

Software distributed under the Agreement is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Agreement for
the specific language governing rights and limitations under the Agreement.

The Original Code is _________________________________ code, released
___________________________________________________.

The Initial Developer of the Original Code is __________. Portions created by
Novell are Copyright (C) ____________________________________ Novell,
Inc. All Rights Reserved.

Contributor(s): ______________________________________."

[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. This is due to time
constraints encountered in simultaneously finalizing the Agreement and in
preparing the Original Code for release. You should use the text of this
Exhibit A rather than the text found in the Original Code Source Code for Your
Modifications.]