ACC SHELL

LICENSE AGREEMENT
openSUSE® 11.3

This agreement governs your download, installation, or use
of openSUSE 11.3 and its updates, regardless of the delivery
mechanism. openSUSE 11.3 is a collective work under US Copyright
Law. Subject to the following terms, The openSUSE Project grants to
you a license to this collective work pursuant to the GNU General
Public License version 2. By downloading, installing, or using
openSUSE 11.3, you agree to the terms of this agreement.

openSUSE 11.3 is a modular Linux operating system consisting of
hundreds of software components. The license agreement for each
component is generally located in the component's source code. With
the exception of certain files containing the “openSUSE”
trademark discussed below, the license terms for the components
permit you to copy and redistribute the component. With the
potential exception of certain firmware files, the license terms
for the components permit you to copy, modify, and redistribute the
component, in both source code and binary code forms. This agreement
does not limit your rights under, or grant you rights that supersede,
the license terms of any particular component.

openSUSE 11.3 and each of its components, including the source
code, documentation, appearance, structure, and organization, are
copyrighted by The openSUSE Project and others and are protected under
copyright and other laws. Title to openSUSE 11.3 and any
component, or to any copy, will remain with the aforementioned or its
licensors, subject to the applicable license. The "openSUSE" trademark
is a trademark of Novell, Inc. in the US and other countries and is
used by permission. This agreement permits you to distribute
unmodified or modified copies of openSUSE 11.3 using the
“openSUSE” trademark on the condition that you follow The openSUSE
Project’s trademark guidelines located at
http://en.opensuse.org/Legal. You must abide by these trademark
guidelines when distributing openSUSE 11.3, regardless of whether
openSUSE 11.3 has been modified.

Except as specifically stated in this agreement or a license for
a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, OPENSUSE 11.3 AND THE COMPONENTS ARE PROVIDED
AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. The openSUSE
Project does not warrant that the functions contained in openSUSE
11.3 will meet your requirements or that the operation of openSUSE
11.3 will be entirely error free or appear precisely as described
in the accompanying documentation. USE OF OPENSUSE 11.3 IS AT YOUR
OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPENSUSE
PROJECT (AND ITS LICENSORS, SUBSIDIARIES, AND EMPLOYEES) WILL NOT
BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST SAVINGS ARISING OUT
OF THE USE OR INABILITY TO USE OPENSUSE 11.3, EVEN IF THE OPENSUSE
PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN A
JURISDICTION THAT LIMITS THE EXCLUSION OR LIMITATION OF DAMAGES,
THE OPENSUSE PROJECT’S (AND ITS LICENSORS’, SUBSIDIARIES’, AND
EMPLOYEES’) AGGREGATE LIABILITY IS LIMITED TO $50US, OR IF SUCH A
LIMITATION IS NOT ALLOWED, IS LIMITED TO THE MAXIMUM EXTENT ALLOWED.

As required by US law, you represent and warrant that you: (a)
understand that openSUSE 11.3 is subject to export controls under
the US Commerce Department's Export Administration Regulations
("EAR"); (b) are not located in a prohibited destination country
under the EAR or US sanctions regulations; (c) will not export,
re-export, or transfer openSUSE 11.3 to any prohibited destination,
entity, or individual without the necessary export license(s)
or authorizations(s) from the US Government; (d) will not use or
transfer openSUSE 11.3 for use in any sensitive nuclear, chemical,
or biological weapons or missile technology end-uses unless
authorized by the US Government by regulation or specific license;
(e) understand and agree that if you are in the US and export or
transfer openSUSE 11.3 to eligible end users, you will, as required
by EAR Section 741.17(e), submit semi-annual reports to the Commerce
Department's Bureau of Industry & Security (BIS), which include
the name and address (including country) of each transferee; and
(f) understand that countries other than the US may restrict the
import, use, or export of encryption products and that you will
be solely responsible for compliance with any such import, use,
or export restrictions.

If any provision of this agreement is held to be unenforceable, that
will not affect the enforceability of the remaining provisions. This
agreement will be governed by the laws of the State of Utah and
of the US, without regard to any conflict of laws provisions,
except that the United Nations Convention on the International
Sale of Goods will not apply. This agreement sets forth the entire
understanding and agreement between you and The openSUSE Project
regarding its subject matter and may be amended only in a writing
signed by both parties. 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. 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) (November 1995), or applicable successor clauses.

Copyright © 2008 The openSUSE Project. All rights reserved. "Novell"
and "openSUSE" are trademarks of Novell, Inc., which founded,
sponsors, and is designated by, The openSUSE Project. "Linux" is
a registered trademark of Linus Torvalds. All other trademarks are
the property of their respective owners.