SUSE Linux Enterprise Base Container Image License


License Agreement for SUSE Linux Enterprise Base Container Image 
("SUSE BCI")
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 License Agreement ("Agreement") is a legal agreement between 
You (an entity or a person) and SUSE LLC ("Licensor"). SUSE BCI and 
associated software supporting such container(s) and any related 
updates, source code, appearance, structure and organisations 
("Software") is 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. 
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 Software 
by only if (a) permitted under a separate written agreement with 
Licensor authorizing such commercial redistribution, or (b) 
distributing a derived container image of the Software in accordance 
with the specific license grant concerning the SUSE Linux Enterprise 
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.

DISTRIBUTION LICENSE
Subject to compliance with the terms and conditions of this 
Agreement, Licensor grants to You a perpetual, irrevocable, 
non-exclusive,  worldwide license to reproduce, use and distribute 
SUSE Linux Enterprise Base Container Images (including installable 
packages from the SUSE Linux Enterprise Base Container Image 
Repository) of the Software listed on the SUSE Registry marked as 
SLE BCI where (a) such images are used as a first and separate layer 
of a derived container image and (b) the SUSE Linux Enterprise Base 
Container Images and any added packages from the SUSE Linux 
Enterprise Base Container Image Repository (as preconfigured in the 
SUSE Linux Enterprise Base Container Images) are unmodified and (c) 
You include this license in your own derived product which provides 
protection to the Software equivalent to this Agreement, 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 
Linux Enterprise Base Container Image unless agreed by SUSE.

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. 


Warranty and Liability
Limited Warranty
Except as stated in this section, a separate agreement with SUSE, or 
a license for a particular component, to the maximum extent 
permitted under applicable law, the Software and the components are 
provided and licensed "as is" without warranty of any kind, 
expressed or implied, including the implied warranties of 
merchantability, non-infringement or fitness for a particular 
purpose. Neither SUSE nor its affiliates warrant that the functions 
contained in the Software will meet your requirements or that the 
operation of the Software will be entirely error free, appear or 
perform precisely as described in the accompanying documentation, or 
comply with regulatory requirements. SUSE warrants that the media on 
which the Software and the components are provided will be free from 
defects in materials and manufacture under normal use for a period 
of 60 days from the date of delivery to You. This warranty extends 
only to the party that purchases subscription services for the 
supported configurations from SUSE and/or its affiliates. 
Limited Liability
Except to the extent required by applicable law or agreed to in 
writing, in no event will Licensor or its affiliates be liable to 
You for any incidental or consequential damages, including lost 
profits or lost savings arising out of the use or inability to use 
the Software or any component, even if Licensor or its affiliates, 
have been advised of the possibility of such damages. 

General Terms
Term
This Agreement becomes effective on the date You legally acquire the 
Software.

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 outside the United States, (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.

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.

SUSE.com

Copyright (c) SUSE 2022

SUSE Legal
04.2022
