SUSE® Linux Enterprise End User License Agreement for the following 
SUSE products:

SUSE Linux Enterprise Server 12 Service Pack 5 
SUSE Linux Enterprise Server for SAP Applications 12 Service Pack 5
SUSE Linux High Availability Extension 12 Service Pack 5
SUSE Linux Enterprise HPC 12 Service Pack 5
SUSE Linux Enterprise Software Development Kit 12 Service Pack 5
SUSE Linux Enterprise Workstation Extension 12 Service Pack 5
SUSE Linux Enterprise Live Patching 12 Service Pack 5

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”).  The
software products identified in the title of this Agreement for which You
have acquired licenses, any media or reproductions (physical or virtual)
and accompanying documentation (collectively the “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.  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

LICENSES.  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 (as defined below).  

"Organization" means a legal entity, excluding subsidiaries and
affiliates with a separate existence for tax purposes or for legal
personality purposes. An example of an Organization in the private sector
would be a corporation, partnership, or trust, excluding any subsidiaries
or affiliates of the organization with a separate tax identification
number or company registration number. A public sector example of an
Organization would be a specific government body or local government
authority.

THIRD PARTY/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.  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 terms of the
Subscription Offering Terms and Conditions available
https://www.suse.com/products/terms_and_conditions.pdf. 

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) you remove and replace all occurrences
of any Mark.  

RESTRICTIONS

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 “Third Party/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 Requirements. 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 Verification 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. 

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.

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.  

LIMITATION OF LIABILITY

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, STRICTLIABILITY 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 and the Micro Focus License
Compliance Charter -
http://supportline.microfocus.com/licensing/licVerification.aspx). You
agree to: A.      Recordkeeping.  Keep, and upon Licensor's request,
provide records, sufficient to certify Your compliance with this
Agreement based on the applicable  license metric and the Subscription
Terms and Conditions located at
https://www.suse.com/products/terms_and_conditions.pdf for the Software,
which may include but are not limited to, 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; B.      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 C.
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.  D.      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.  Please contact CRC@suse.com to request
the transfer of licenses and assignment of this Agreement.  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 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 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.

U.S. Government Restricted Rights.  Use, duplication, or disclosure of
any Deliverables by the U.S. Government is subject to the restrictions in
FAR 52.227-14 (Dec 2007) Alternate III (Dec 2007), FAR  52.227-19 (Dec
2007), or DFARS 252.227-7013(b)(3) (Nov 1995), or applicable successor
clauses.

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