SUSE(R) End User License Agreement for Beta Software

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.

AUTHORIZED BETA TEST SITES  

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 beta-programs@suse.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.

OWNERSHIP RIGHTS

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.

WARRANTY DISCLAIMER

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.

LIMITATION OF LIABILITY

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.

GENERAL TERMS

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.
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