End User License Agreement
for SUSE Software


End User License Agreement for SUSE Software
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, INSTALLING, 
DOWNLOADING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW AND 
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. 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.
 
SUSE LLC ("Licensor" or "SUSE") makes available software products, 
being a compilation of: (i) software programs developed by SUSE and 
is affiliates; (ii) software programs developed by third parties;  
(iii) trade marks owned by SUSE and/or its affiliates ("SUSE 
Marks"); and (iv) media or reproductions (physical or virtual) and 
accompanying documentation accompanying such software programs (such 
compilation of programs, trade marks and documentation being the 
"Software").  

The Software is protected by the copyright laws and treaties of the 
United States and copyright laws in other countries worldwide. This 
End User License Agreement ("EULA") is a legal agreement between You 
(an entity or a person) and SUSE governing Your use of the Software. 
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 use of 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 EULA. 

License Terms
Open Source
The Software contains many individual components that are open 
source software and the open source license for each component, 
which, depending on the software program, may be the GNU General 
Public License v.2 
(https://www.gnu.org/licenses/oldlicenses/gpl-2.0.en.html) or Apache 
2.0 (https://www.apache.org/licenses/LICENSE-2.0) or other open 
source license (each such license being the "OSS License"), is 
located in the licensing documentation and/or in the component's 
source code. 

This EULA governs Your use of the Software, including SUSE Marks, 
and does not limit, supersede or modify your rights under the OSS 
License applicable to Your use of any open source code contained in 
the Software without the SUSE Marks.

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.

License to use the Software
Subject to compliance with the terms and conditions of this EULA, 
Licensor grants to You a perpetual, non- exclusive, 
non-transferable, revocable, worldwide license to reproduce and use 
copies of the Software within Your Organization for Your 
Organization's internal use. "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 EULA by Your Affiliates.

This EULA does not permit you to distribute the Software or its 
components using the SUSE Marks regardless of whether the copy has 
been modified. You may make a redistribution outside of Your 
Organization: (a) of the Software, only if permitted under a 
separate written agreement with Licensor authorizing such 
redistribution, or (b) of the constituent components of the 
Software, only if You remove and replace all occurrences of any SUSE 
Mark.

If You have received, whether directly or indirectly from SUSE, 
hardware, software or other appliance that uses or embeds the 
Software, You may use the Software solely for the purpose of running 
that hardware, software or appliance and not on a stand-alone basis.

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, 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 EULA gives You no rights to 
such content.

SUSE Marks
No right or license, express or implied, is granted under this EULA 
to use any SUSE Mark, trade name or service mark of Licensor or its 
affiliates or licensors otherwise than is necessary to use the 
Software as permitted by this EULA.

Subscription Services and Support
Licensor has no obligation to provide maintenance or support unless 
You purchase a subscription offering, pursuant to an additional 
contract with Licensor or its affiliates,  which expressly includes 
such services. 

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.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR 
DISTRIBUTION WITH, AND MUST NOT BE USED FOR, 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. 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.
Limitation of Liability 
NEITHER LICENSOR NOR ANY OF ITS THIRD PARTY LICENSORS, SUBSIDIARIES, 
OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY CONSEQUENTIAL OR 
INDIRECT DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT OR 
OTHER THEORY OF LIABILITY, OR FOR ANY LOSS OF PROFITS, BUSINESS OR 
LOSS OR CORRUPTION OF DATA,  IN EACH CASE, EVEN IF ADVISED OF THE 
POSSIBILITY OF THOSE DAMAGES.

IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER OR IN 
CONNECTION WITH THIS EULA (WHETHER IN ONE INSTANCE OR A SERIES OF 
INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF 
WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU DID NOT PAY FOR THE 
SOFTWARE), IN THE 12 MONTHS PRECEDING THE FIRST CLAIM UNDER THIS 
EULA.
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 EULA or for fraudulent misrepresentation, 
Licensor's liability shall be limited or excluded to the maximum 
extent allowed within those jurisdictions.

General Terms
Term
This EULA becomes effective on the date You download the Software 
and will automatically terminate if You breach any of its terms.
Transfer
This EULA 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 EULA will be governed 
by the substantive laws of the United States and the State ofNew 
York without regard to its choice of law provisions. Any suit, 
action or proceeding arising out of or relating to this EULA may 
only be brought before a federal or state court of appropriate 
jurisdiction in New York. If a party initiates EULA-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 England and Wales shall 
have exclusive jurisdiction over any action of law relating to this 
EULA; and (2) the laws of England shall apply except where the laws 
of such country of Your principal place of business are required to 
be applied to any such action of law, in which case the laws of that 
country shall apply. Neither the United Nations Convention of 
Contracts for the International Sale of Goods nor the New York or 
England and Wales conflict of law rules apply to this EULA or its 
subject matter.
Entire Agreement
This EULA, together with any other purchase documents or other 
written agreement between You and Licensor or its Affiliates, 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 EULA 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 EULA.
Severability
If any provision in this EULA 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 EULA will remain 
unaffected.
Export Compliance
You acknowledge that Licensor's products and/or technology may be 
subject to the U.S. Export Administration Regulations (the "EAR") 
and the trade laws of other countries. You agree to comply with the 
EAR and local laws and regulations which may be applicable to and 
impact Your right to import, export or use Licensor's products 
and/or technology. You will not export or re-export Licensor's 
products, directly or indirectly, to (1) entities on the current 
U.S. export exclusion lists or to any embargoed or terrorist 
supporting countries as specified in the EAR; (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. You will not use Licensor's products and/or 
technology for prohibited nuclear, missile, or chemical biological 
weaponry end uses as specified in the EAR. 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:2024-02-01:001
SUSE.com

Copyright (c) SUSE 2024

SUSE Legal		
February 2024
