End User License Agreement
for SUSE products


End User License Agreement for SUSE Products
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING, 
DOWNLOADING OR OTHERWISE USING THE SOFTWARE (INCLUDING ITS 
COMPONENTS), YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT 
AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL 
OR USE THE SOFTWARE AND YOU SHOULD NOTIFY THE PARTY FROM WHICH YOU 
PURCHASED THE SOFTWARE TO OBTAIN A REFUND. AN INDIVIDUAL ACTING ON 
BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO 
ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.
This End User License Agreement ("Agreement") is a legal agreement 
between You (an entity or a person) and SUSE LLC ("Licensor"). SUSE 
(including Rancher) software products for which You have acquired 
licenses, any media or reproductions (physical or virtual) and 
accompanying documentation (collectively the "Software") are 
protected by the copyright laws and treaties of the United States 
("U.S.") and other countries and is subject to the terms of this 
Agreement. If the laws of Your principal place of business require 
contracts to be in the local language to be enforceable, such local 
language version may be obtained from Licensor upon written request 
and shall be deemed to govern Your purchase of licenses to the 
Software. Any add-on, extension, update, mobile application, module, 
adapter or support release to the Software that You may download or 
receive that is not accompanied by a license agreement is Software 
and is governed by this Agreement. If the Software is an update or 
support release, then You must have validly licensed the version and 
quantity of the Software being updated or supported in order to 
install or use the update or support release.
Licensed Use
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. The Software may include 
or be bundled with other software programs licensed under different 
terms and/or licensed by a third party other than Licensor. Use of 
any software programs accompanied by a separate license agreement is 
governed by that separate license agreement.
Subscription Services and Support
Licensor has no obligation to provide maintenance or support unless 
You purchase a subscription offering that expressly includes such 
services.  Licensor sells subscription offerings for the Software 
that entitles You to fee based technical support and/or internal use 
of Software updates provided on a specified annual period 
("Subscription Offering") and are subject to the SUSE's product 
Terms and Conditions available at 
https://www.suse.com/products/terms_and_conditions.pdf ("Terms and 
Conditions").
Marks
No right or license, express or implied, is granted under this 
Agreement with respect to any trademark, trade name or service mark 
of Licensor or its Affiliates or licensors ("Mark"). This Agreement 
does not permit you to distribute the Software or its components 
using Licensor's trademarks, regardless of whether the copy has been 
modified.  You may make a commercial redistribution of the Programs 
only if (a) permitted under a separate written agreement with 
Licensor authorizing such commercial redistribution, or (b) 
distribute a derived container image of the Software if this 
distribution complies with the specific license grant concerning the 
SUSE Base Container Images below, or (c) You remove and replace all 
occurrences of any Mark.
Ownership
No title to or ownership of the Software is transferred to You. 
Licensor and/or its third party licensors retain all right, title 
and interest in and to all intellectual property rights in the 
Software and Services, including any adaptations or copies thereof. 
The Software is not sold to You, You acquire only a conditional 
license to use the Software. Title, ownership rights and 
intellectual property rights in and to the content accessed through 
the Software are the property of the applicable content owner and 
may be protected by applicable copyright or other law. This 
Agreement gives You no rights to such content.
GENERAL LICENSE GRANT APPLICABLE UNLESS SPECIFIC PRODUCT LICENSE 
GRANT APPLIES (SEE BELOW)
The Software and each of its components are owned by Licensor or 
other licensors and are protected under copyright laws and other 
applicable laws. Subject to compliance with the terms and conditions 
of this Agreement, Licensor grants to You a perpetual, 
non-exclusive, non-transferable, worldwide license to reproduce and 
use copies of the Software within Your Organization "Organization" 
means a legal entity and its Affiliates. "Affiliates" means entities 
that control, are controlled by, or are under common control with 
You. The above license is conditioned upon You being responsible and 
liable for any breach of the provisions of this Agreement by Your 
Affiliates.
LICENSE SPECIFIC TO SUSE Base Container Images
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, non-exclusive, 
non-transferable, worldwide license to reproduce, use and distribute 
SUSE Base Container Images (including installable packages from the 
Base Container Image Repository) of the Software listed on the SUSE 
Registry marked as SLE BCI  (a) such images are used as a first and 
separate layer of a derived container image and (b)  the SUSE Base 
Container Images and any added packages from the Base Container 
Image Repository (as preconfigured in the SUSE Base Container 
Images) are unmodified and (c)  You include this EULA in your own 
derived product built on top of any SLE BCI container images and (d) 
provided You do not make any statements on behalf of SUSE, including 
but not limited to, stating or in any way suggesting (whether 
written or verbal) that SUSE supports or endorses software built and 
delivered with a SUSE Base Container Image.
LICENSE SPECIFIC TO SUSE Enterprise Storage Base Configuration
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, non-exclusive, 
non-transferable, worldwide license to reproduce and use within Your 
Organization (as defined above) up to four (4) copies of SUSE 
Enterprise Storage deployed on one (1) to two (2) CPU socket server 
nodes and up to four (4) copies of SUSE  Linux Enterprise Server 
deployed on the same one (1) to two (2) CPU socket server nodes for 
the sole purpose of running up to four (4) copies of the SES Object 
Storage Daemon (as defined in the Terms and Conditions) component on 
same server nodes within a specific storage cluster. With respect to 
the same storage cluster, Licensor grants to You a perpetual, 
non-exclusive, non-transferable, worldwide license to reproduce and 
use within Your Organization (as defined in the general license 
grant section above) up to six (6) copies of SUSE Enterprise Storage 
and up to six (6) copies of SUSE Linux Enterprise Server for the 
sole purpose of running up to six (6) SES Infrastructure Nodes (as 
defined in the Terms and Conditions) on the same storage cluster.
LICENSE SPECIFIC TO SUSE Enterprise Storage Expansion Node
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, non-exclusive, 
non-transferable, worldwide license to reproduce and use within Your 
Organization (as defined above) one (1) copy of SUSE Enterprise 
Storage deployed on a one (1) to two (2) CPU socket server node and 
one (1) copy of SUSE Linux Enterprise Server deployed on the same 
one (1) to two (2) CPU socket server node for the sole purpose of 
running one (1) copy  of the SES Object Storage Daemon (as defined 
in the Terms and Conditions) component on one (1) particular storage 
cluster provided that such storage cluster already has one (1) SUSE 
Enterprise Storage Base Configuration actively deployed.  With 
respect to the same storage cluster, Licensor grants to You a 
perpetual, non-exclusive, non-transferable, worldwide license to 
reproduce and use within Your Organization (as defined above) up to 
one (1) copy of SUSE Enterprise Storage and up to one (1) copy of 
SUSE Linux Enterprise Server for the sole purpose of running up to 
one (1) SES Infrastructure Node (as defined in the Terms and 
Conditions) on the same storage cluster.
LICENSE SPECIFIC TO SUSE LINUX Enterprise Point of Service
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, non-exclusive, 
non-transferable, worldwide license to reproduce and use copies of 
the Software within Your Organization (as defined above) solely in 
connection with, and for the duration of, your lawfully acquired 
licenses for SUSE Linux Enterprise Server, SUSE Linux Enterprise 
Desktop and associated products.  You agree to use SUSE Linux 
Enterprise Point of Service solely for the purpose of running a 
point of service infrastructure within Your Organization (as defined 
above) and not as a general purpose operating system. 
LICENSE SPECIFIC TO SUSE LINUX Enterprise Micro
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, non-exclusive, 
non-transferable, worldwide license to reproduce and use copies of 
the Software within Your Organization (as defined above) solely in 
connection with, and for the duration of, your lawfully acquired 
licenses for SUSE Linux Enterprise Server, SUSE Linux Enterprise 
Desktop and associated products.  You agree to use SUSE Linux 
Enterprise Micro solely for the purpose of running within Edge and 
SUSE Embedded (appliance) deployments or as a hypervisor for SUSE 
Linux Enterprise Server within Your Organization (as defined above) 
and not as a general purpose operating system.
License Restrictions
The Software and each of its components are owned by Licensor and/or 
its licensors and are protected under copyright law and under other 
laws as applicable. Title to the Software and any component, or to 
any copy, modification, or merged portion shall remain with Licensor 
and other licensors, subject to the applicable license. Licensor 
reserves all rights not expressly granted to You. The Software is 
licensed for Your internal use only. Except as this Agreement 
expressly allows and without limiting any rights or obligations set 
forth in the "Open Source" section above, You may not (1) remove any 
patent, trademark, copyright, trade secret or other proprietary 
notices or labels on the Software or its documentation; (2) modify, 
alter, create derivative works, reverse engineer, decompile, or 
disassemble the Software except and only to the extent expressly 
permitted by applicable law; (3) transfer, assign, pledge, rent, 
timeshare, host or lease the Software, or sublicense any of Your 
license grants or rights under this Agreement; in whole or in part, 
without prior written permission of Licensor, (4) disclose the 
results of any performance, functional or other evaluation or 
benchmarking of the Software to any third party without the prior 
written permission of Licensor.
Outsourcing
Your license to use the Software may be used under the terms of this 
Agreement by a third party acting on Your behalf, such as a third 
party cloud provider or outsourcing vendor who manages or hosts 
(either remotely or virtually) the Software for You, subject to and 
conditioned upon Your adherence to the following: (1) You remain 
responsible for all of Your obligations under this Agreement and 
enter into an enforceable agreement with the third party that 
contains terms and conditions to protect Licensor's rights in the 
Software that are no less restrictive than those contained in this 
Agreement, including without limitation the Audits section below; 
(2) You prohibit use of the Software by the third party for any 
purpose other than Your sole benefit; (3) You are solely responsible 
to Licensor for any and all breaches of this Agreement by the third 
party; and (4) You are and will remain current on subscription 
purchases that cover all installations and deployments of the 
Software by the third party on Your behalf.
Appliance License
If, either directly from Licensor or from a third party, you have 
received a hardware, software or other appliance that uses the 
Software, You acknowledge and agree to use the Software solely for 
the purpose of running the appliance and not as a general purpose 
operating system.
Warranty and Liability
Limited Warranty
Licensor warrants that the media that the Software is delivered on 
will be free from defects in materials and manufacture under normal 
use for a period of sixty (60) days from the date of delivery to 
you. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS 
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SAVE FOR THE 
FOREGOING WARRANTY, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY 
WARRANTIES OF ANY KIND.
Services
Licensor warrants that any Services purchased will be supplied in a 
professional manner in accordance with generally accepted industry 
standards. This warranty will be effective for thirty (30) days 
following delivery of the Services. Upon any breach of this 
warranty, Licensor's only obligation is to either correct the 
Services so that they comply with this warranty or at its option 
refund the amount You paid to Licensor for the portion of the 
Services that fail to comply with this warranty. You agree to take 
appropriate measures to isolate and back up Your systems.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR 
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS 
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE 
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, 
OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, 
OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY 
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL 
DAMAGE.
Non-Licensor Products
The Software may include or be bundled with hardware or other 
software programs or services licensed or sold by an entity other 
than Licensor. LICENSOR DOES NOT WARRANT NON-LICENSOR PRODUCTS OR 
SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN "AS IS" 
BASIS. WARRANTY SERVICE IF ANY FOR NON-LICENSOR PRODUCTS IS PROVIDED 
BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THEIR APPLICABLE 
WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, LICENSOR DISCLAIMS AND 
EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR 
NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF 
DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. LICENSOR MAKES NO 
WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS 
LIMITED WARRANTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR 
SERVICES WILL SATISFY YOUR REQUIREMENTS, BE COMPATIBLE WITH ALL 
OPERATING SYSTEMS, OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES 
WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS AND 
DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE 
BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. 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 by state or jurisdiction. 
Consequential Losses
NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, SUBSIDIARIES, 
OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 
CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES, WHETHER 
BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, 
BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, INCLUDING 
WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF 
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Direct Damages
IN NO EVENT WILL LICENSOR'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 
OR SERVICES 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 caused by the negligence of 
Licensor or its employees, agents or contractors. In those 
jurisdictions that do not allow the exclusion or limitation of 
damages, including, without limitation, damages for breach of any 
implied terms as to title or quiet enjoyment of any Software 
obtained pursuant to this Agreement or for fraudulent 
misrepresentation, Licensor's liability shall be limited or excluded 
to the maximum extent allowed within those jurisdictions.
General Terms
Term
This Agreement becomes effective on the date You legally acquire the 
Software and will automatically terminate if You breach any of its 
terms.
Audits
Licensor or an Auditor (as defined below) has the right to verify 
Your compliance with this Agreement. You agree to:
1. Recordkeeping. Keep, and upon Licensor's request, provide 
records, sufficient to certify Your compliance with this Agreement 
based on the applicable license metric, SUSE's Compliance Charter 
located at https://www.suse.com/company/legal/compliance-charter and 
the Terms and Conditions   for the Software. This may include 
without limitation serial numbers, license keys, logs, the location, 
model (including quantity and type of processor) and serial number 
of all machines on which the Software is installed or accessed or 
from which the Software can be accessed, the names (including 
corporate entity) and number of users accessing or authorized to 
access the Software, metrics, reports, copies of the Software (by 
product and version), and network architecture diagrams as they may 
relate to Your licensing and deployment of the Software and 
associated support and maintenance;
2. Questionnaire. Within seven (7) days of Licensor's request, You 
shall furnish Licensor or its designated independent auditor 
("Auditor") a completed questionnaire provided by Licensor or 
Auditor, accompanied with a written statement signed by a director 
of Your Organization certifying the accuracy of the information 
provided; and
3. Access. Provide representatives of Licensor or Auditor any 
necessary assistance and access to records and computers to allow an 
inspection and audit of Your computers and records, during Your 
normal business hours, for compliance with the applicable Agreement 
and fully cooperate with such audit.
4. Non-Compliance. In the event that You have, or at any time have 
had, unlicensed installation, use of, or access to the Software or 
have otherwise breached this Agreement (a "Non-Compliance"), without 
prejudice to any other rights or remedies Licensor may have, 
including, without limitation, injunctive relief, You shall, within 
thirty (30) days' notice of such Non-Compliance to You, purchase 
sufficient licenses and or subscriptions and associated support and 
maintenance to cure the Non-Compliance, by paying Licensor's current 
(as of the date of such additional purchase) list license fees and 
12-month support and maintenance fees to Licensor for such 
additional licenses, plus Licensor's current (as of the date of such 
additional purchase) list term license and support and maintenance 
fees and interest (compounded at 1.5% monthly or the maximum rate 
permitted by applicable law if lower) for such additional licenses 
for the time period from the commencement of the Non-Compliance 
until payment of the aforementioned fees, with interest payable even 
if an invoice was not issued at the time the Non-Compliance 
occurred. If Your Non-Compliance results in an underpayment of 
license fees of 5% or greater, You shall also reimburse Licensor for 
the reasonable cost of such audit in addition to other amounts due.
Transfer
This Agreement and the associated licenses purchased for use of the 
Software may not be transferred or assigned without the prior 
written approval of Licensor. Any such attempted transfer or 
assignment shall be void and of no effect.
Law
All matters arising out of or relating to this Agreement will be 
governed by the substantive laws of the United States and the State 
of Utah without regard to its choice of law provisions. Any suit, 
action or proceeding arising out of or relating to this Agreement 
may only be brought before a federal or state court of appropriate 
jurisdiction in Utah.  If a party initiates Agreement-related legal 
proceedings, the prevailing party will be entitled to recover 
reasonable attorneys' fees.  If, however, Your principal place of 
business is a member state of the European Union or the European 
Free Trade Association, (1) the courts of Ireland shall have 
exclusive jurisdiction over any action of law relating to this 
Agreement; and (2) where the laws of such country of Your principal 
place of business are required to be applied to any such action of 
law the laws of that country shall apply.  The application of the 
United Nations Convention of Contracts for the International Sale of 
Goods is expressly excluded.
Entire Agreement
This Agreement, together with any other purchase documents or other 
agreement between You and Licensor, sets forth the entire 
understanding and agreement between You and Licensor and may be 
amended or modified only by a written agreement agreed to by You and 
an authorized representative of Licensor. NO THIRD PARTY 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 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.
Severability
If any provision in this 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 Agreement will 
remain unaffected.
Export Compliance
You acknowledge that Licensor's products and/or technology are 
subject to the U.S. Export Administration Regulations (the "EAR") 
and You agree to comply with the EAR. You will not export or 
re-export Licensor's products, directly or indirectly, to: (1) any 
countries that are subject to US export restrictions; (2) any end 
user who You know or have reason to know will utilize Licensor's 
products in the design, development or production of nuclear, 
chemical or biological weapons, or rocket systems, space launch 
vehicles, and sounding rockets, or unmanned air vehicle systems, 
except as authorized by the relevant government agency by regulation 
or specific license; or (3) any end user who has been prohibited 
from participating in the US export transactions by any federal 
agency of the US government. By downloading or using the Software, 
You are agreeing to the foregoing and You are representing and 
warranting that You are not located in, under the control of, or a 
national or resident of any such country or on any such list. In 
addition, You are responsible for complying with any local laws in 
Your jurisdiction which may impact Your right to import, export or 
use Licensor's products. Please consult the Bureau of Industry and 
Security web page https://www.bis.doc.gov before exporting items 
subject to the EAR. For more information on exporting Software, 
including the applicable Export Control Classification Number (ECCN) 
and associated license exception (as applicable), see 
https://www.suse.com/company/legal/. Upon request, Licensor's 
International Trade Services Department can provide information 
regarding applicable export restrictions for Licensor products. 
Licensor assumes no responsibility for Your failure to obtain any 
necessary export approvals.

:version:2023-03-01:001
SUSE.com

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SUSE Legal		
03.2023
