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Subscription Agreement for Red Hat Enterprise Linux 2.1
This Subscription Agreement (the "Agreement") is between Red Hat, Inc. ("Red Hat") and any purchaser or user ("Customer") of Red Hat Enterprise Linux AS (or Red Hat Linux Advanced Server), Red Hat Enterprise Linux ES or Red Hat Enterprise Linux WS (collectively, "Red Hat Enterprise Linux" or "the Software").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING RED HAT ENTERPRISE LINUX. BY USING OR PURCHASING RED HAT ENTERPRISE LINUX, CUSTOMER SIGNIFIES ITS ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE OR PURCHASE RED HAT ENTERPRISE LINUX.
The Effective Date of this Agreement is the earlier of the date that Customer accepts this Agreement or the date that Customer uses Red Hat Enterprise Linux.
I. Terms and Conditions
A. GENERAL TERMS AND CONDITIONS
Red Hat Enterprise Linux are Linux-based operating systems provided under Red Hat's trademarks subject to the applicable end user license agreement. The term "Services" as used in this Agreement means, collectively, the Support Services and RHEN, each as defined herein. The term "Installed Systems" means the number of Systems on which Customer installs the Software. The term "System" means the hardware on which the Software is installed, which may be, without limitation, a server, a work station, a blade or an engine, as applicable. The initial number of Installed Systems is the number of copies of the Software that Customer purchases.
1. TERM AND TERMINATION
1.1 Term. The term of this Agreement shall be for the duration of all Services provided under this Agreement. The initial term for Services shall commence on the Effective Date of this Agreement and shall continue for a period of one (1) year. Thereafter, the term for Services shall renew for successive terms of one (1) year each unless either party gives written notice to the other of its intention not to renew at least sixty (60) days prior to the commencement of the next term; provided, however, Customer shall have the right to terminate this Agreement at any time after the first year by giving sixty (60) days prior written notice of termination to Red Hat. Customer shall remain obligated for all fees through the date of termination. p>
1.2 Termination for Breach. Red Hat may terminate this Agreement (a) in the event Customer fails to pay an invoice when due, (b) in the event Customer commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach, or (c) as otherwise provided in this Agreement. Customer may terminate this Agreement in the event Red Hat commits a material breach of this Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice of material breach.
2. PRICING, INVOICING AND TAXES. Customer agrees to provide Red Hat with accurate and complete billing information (including legal name, address, telephone number, and billing or credit information). Customer will report to Red Hat all changes to this information within thirty (30) days of the change. Red Hat reserves the right to suspend or cancel Services for non-payment. All fees are stated and must be paid in United States Dollars. If Customer is paying by credit card, then Customer authorizes Red Hat to bill Customer's credit card for the Services for the initial term and for the amount due at the time of renewal. If Red Hat has approved Customer to be invoiced, then Red Hat will invoice Customer for the total fees at the time of execution of this Agreement, and payment shall be due within thirty (30) days of the invoice date and any additional fees shall be due within thirty (30) days of the invoice date. All prices and rates quoted by Red Hat are exclusive of any foreign, federal, state, or local sales, excise, use, or similar taxes. Customer agrees to pay all such taxes, when applicable, regardless of whether such taxes are originally charged on Customer's credit card or appear on Red Hat's original invoice, or are later levied on Red Hat or Customer by a taxing authority, excluding any taxes levied solely on the net taxable income of Red Hat. Any renewal of this Agreement will be at Red Hat's list prices in effect ninety (90) days prior to renewal; provided, however, the first such renewal shall be at the same price per Installed Server paid during the initial term.
3. PAYMENT. Except in the case of breach of this Agreement by Red Hat or termination of this Agreement as provided in Section 1.1 hereof, any and all payments of amounts due under this Agreement are non-refundable. In the event Customer fails to make payment to Red Hat in the manner provided by this Agreement, Red Hat's remedies include (a) suspending Services until Red Hat receives full payment from Customer for all fees, including late fees and interest, due, or (b) terminating this Agreement without notice.
4. REPORTING AND AUDIT. If Customer wishes to increase the number of Installed System, then Customer will purchase from Red Hat additional Services for each additional Installed System. During the term of this Agreement and for one (1) year thereafter, Customer expressly grants to Red Hat the right to audit Customer's facilities and records from time to time in order to verify Customer's compliance with the terms and conditions of this Agreement. Any such audit shall only take place during Customer's normal business hours and upon no less than ten (10) days prior written notice from Red Hat. Red Hat shall conduct no more than one such audit in any twelve-month period except for the express purpose of assuring compliance by Customer where non-compliance has been established in a prior audit. Red Hat shall give Customer written notice of any non-compliance, and if a payment deficiency exists, then Customer shall have fifteen (15) days from the date of such notice to make payment to Red Hat for any payment deficiency. The amount of the payment deficiency will be determined by multiplying the number of underreported Installed Systems or Services by the annual fee for such item. If Customer is found to have underreported the number of Installed Systems or amount of Services by more than five percent (5%), Customer shall, in addition to the annual fee for such item, pay a penalty equal to twenty percent (20%) of the underreported fees.
5. NON-TRANSFERABLE. This Agreement, and all Services provided by Red Hat pursuant to this Agreement, may not be transferred, assigned or distributed without the prior written consent of Red Hat. Any attempted transfer, assignment or distribution without Red Hat's prior written consent shall terminate this Agreement, and Red Hat shall have no further obligation hereunder.
6. WARRANTY. To the maximum extent permitted by applicable law, except as specifically stated in this Agreement, the Software, the Services and any software program provided by means of RHEN are provided and LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. RED HAT DOES NOT GUARANTEE THAT THE USE OF THE SOFTWARE, SERVICES OR THE SOFTWARE PROGRAMS WILL NOT BE INTERRUPTED OR ERROR FREE.
7. LIMITATION OF LIABILITY. Neither party shall be in breach of this Agreement due to failure of performance that arises out of causes beyond its reasonable control. To the maximum extent permitted by applicable law, IN NO EVENT WILL RED HAT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR IN CONTRACT, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT OR RED HAT'S PERFORMANCE INCLUDING WITHOUT LIMITATION (A) THE SOFTWARE, THE SERVICES OR THE SOFTWARE PROGRAMS, (B) ANY INTERRUPTION OF USE OF RHEN, THE SOFTWARE OR THE SOFTWARE PROGRAMS, OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF DATA, EVEN IF RED HAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED HAT'S LIABILITY HEREUNDER EXCEED THE AMOUNT THAT CUSTOMER PAID TO RED HAT UNDER THIS AGREEMENT DURING THE PREVIOUS TWELVE MONTHS.
8. CONFIDENTIALITY. Customer and Red Hat agree to maintain the confidentiality of the proprietary information received by the other party including non-public technical and business information for a period of two (2) years after the termination of this Agreement. This section shall not apply to any publicly available or independently developed information.
9. ENTIRE AGREEMENT. This Agreement shall constitute the exclusive terms and conditions with respect to the purchases of Software and Services under this Agreement by Customer from Red Hat, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by Customer in such transactions. This Agreement contains the final, complete and exclusive statement of the agreement between the parties with respect to the transactions contemplated herein and all prior written agreements and all prior and contemporaneous oral agreements with respect to the subject matter herein are merged herein. This Agreement may not be amended, supplemented or modified (or any right or power granted hereunder waived) except by written instrument signed by authorized officers of the parties hereto (or in the case of a waiver, signed by the party to be bound), which instrument makes specific reference to this Agreement.
10. GENERAL. (10.1) This Agreement shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without regard to choice of law provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. The parties each agree that they are subject to the personal jurisdiction of the state and federal courts within the State of North Carolina, and each waives the right to challenge the personal jurisdiction of those courts over it. (10.2) Each party warrants that the person signing this Agreement is authorized to bind said party. (10.3) If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. (10.4) Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder will not operate as a waiver. (10.5) Any provision of this Agreement which may be reasonably expected to survive the termination of this Agreement, including, but not limited to, the sections entitled Warranty and Limitation of Liability, shall survive such termination. (10.6) Red Hat may supply Customer with technical data that is subject to export control restrictions. Red Hat will not be responsible for compliance by Customer with applicable export restrictions or obligations for such technical data. Each party agrees to comply with any applicable export control laws or regulations. (10.7) Any notice to be given pursuant to this Agreement, including any notice of change of address for notice, shall be deemed given when sent to Red Hat to General Counsel, Red Hat, Inc., 1801 Varsity Drive, Raleigh, NC 27606 or by facsimile to 919-754-3704 and to Customer at the address or facsimile number entered at the time of purchase (a) three (3) business days after being deposited with the U.S. Postal Service, postage prepaid, first class, certified, return receipt requested; (b) upon receipt when delivered in person; (c) two (2) business days after being deposited with a reputable international overnight delivery service; or (d) one (1) business day after being transmitted by facsimile with confirmation of delivery to the number for such party set forth in this Agreement. (10.8) In the event of a dispute between the parties regarding payment under this Agreement, the non-prevailing party shall pay the reasonable attorney's fees of the prevailing party.
II. Subscription Information and Support Service Levels
A. SUBSCRIPTION TERMS AND CONDITIONS
Red Hat will provide the purchased subscription(s) subject to the following terms.
"Platform" means the combination of the CPU and other hardware a computer system uses, its exact operating system including the version number, the compiler required, the type of libraries (e.g. libc, glibc), and the type of crypto library available (e.g. libcrypt, pam). Changes to any of these components which break binary compatibility, or prohibit functioning (including recompiling) of software, unless modified by Red Hat, constitute a different platform and may disqualify it from receiving Support Services. Should a platform be discontinued during the term of this Agreement, Red Hat will have the option to continue supporting Customer on that platform or to issue Customer a pro-rata refund.
Red Hat Enterprise Network ("RHEN") is an internet solution for managing one or more systems running Red Hat Enterprise Linux that allows Customers to register one or more Installed Systems, receive errata notification, update Installed Systems with the errata, search errata and download ISO images. RHEN also includes the following functionality: package profile comparison, systems search, systems grouping, ability for multiple systems administrators to manage Installed Systems and update systems by sets.
"Support Services" means the the support services provided with the purchased subscription, as further defined in this Agreement.
"Supported Hardware or Platform" means hardware or a platform that functions with the Software and components contemplated for use with the Software. Information regarding the Red Hat supportability status of hardware systems and components, as revised from time to time, can be found at http://hardware.redhat.com/hcl. Additional Red Hat support policies that apply to the Support Services may be viewed at http://www.redhat.com/support/service/GSS_policy.html.
2. Customer Obligations:
2.1 Entitlement. In order to access and utilize Support Services, Customer will be required to provide to Red Hat its Customer number, RHEN (as defined below) machine name or RHEN system ID at the time of initiating the Support Service.
2.2 Customer's Computer System. Customer will be responsible for performing operations on Customer's computer system and Red Hat shall have no responsibility to perform operations on Customer's computer system. Customer acknowledges that Red Hat's ability to perform certain Support Services may be conditioned upon access to certain Customer information and access to Customer's computer system as reasonably requested by Red Hat. Such information may include, but is not limited to, the type of hardware Customer is using, a description of the problem for which Customer seeks Support Services, and additional software Customer is using that falls outside the Support Services scope of coverage. Customer understands and agrees that the completeness and accuracy of the information Customer provides to Red Hat may affect Red Hat's ability to provide Support Services. The Support Services purchased by Customer are intended for use only for the benefit of the Customer and only for the Installed Systems with subscriptions. Customer may not use one subscription for Support Services for more than one Installed System. Any unauthorized use of the Support Services will be deemed to be a material breach of this Agreement.
2.3 Designated Customer Contact. Red Hat will provide Support Services to Customer only by communication with the Customer's designated technical contact or contacts (the "Contact"). Customer is entitled to the number of Contacts set forth in the Customer Contacts table below. Customer may purchase additional Contacts for a fee. Customer shall use commercially reasonable efforts to maintain consistent Contacts during the term of this Agreement. Customer may not use a single Contact to act as a mere forwarding service for other personnel. The Contact may not use Support Services on the basis of this Agreement to benefit any person or entity other than the Customer. Each Contact must have read and/or write access to all necessary files. Each Contact must have English language communication skills and the relevant technical knowledge necessary to assist Red Hat in performing the Support Services contemplated under this Agreement. This knowledge includes familiarity with the Software and the Supported Hardware or Platform.
2.4 Support Portal. Customer may initiate Support Service requests through the web-based support portal located at Red Hat's main web site, http://www.redhat.com/apps/support. The Contact(s) are entitled to open a secure login to the support portal and use the ticket manager application to submit a Support Service request for any covered Support Service. Each submitted Support Service request is given a unique identification number. Support Services logged through the support portal are managed using the English language.
B. SUBSCRIPTION INFORMATION AND SUPPORT SERVICE DESCRIPTIONS
1. Red Hat Enterprise Linux AS Standard (or Red Hat Linux Advanced Server Standard) Subscription. Includes the following: (1) Either a number of copies of the Software installation CD's, documentation CD's and documentation manuals equal to the number of Installed Systems or (if purchased via RHEN) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, (3) new versions of the applicable Software, if any, released during the subscription period and (4) one year of the following Support Services for each Installed System: installation support, configuration support, advanced configuration support and systems administration support. Customer acknowledges that Red Hat Linux Advanced Server (or Red Hat Linux Enterprise Linux AS) supports a maximum of eight-way systematic multi-processing ("SMP") hardware and 16 gigabytes of RAM.
2. Red Hat Enterprise Linux AS Premium (or Red Hat Linux Advanced Server Premium) Subscription. Includes the following: (1) Either a number of copies of the Software installation CD's, documentation CD's and documentation manuals equal to the number of Installed Systems or (if purchased via RHEN) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, (3) new versions of the applicable Software, if any, released during the subscription period and (4) one year of the following Support Services for each Installed System: installation support, configuration support, advanced configuration support, systems administration support, high availability clustering support and 24x7 emergency support for Severity 1 Issues (as defined below). Customer acknowledges that Red Hat Linux Advanced Server (or Red Hat Linux Enterprise Linux AS) supports a maximum of eight-way SMP hardware and 16 gigabytes of RAM.
3. Red Hat Enterprise Linux ES Standard Subscription. Includes the following: (1) Either a number of copies of the Software installation CD's, documentation CD's and documentation manuals equal to the number of Installed Systems or (if purchased via RHEN) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, (3) new versions of the applicable Software, if any, released during the subscription period and (4) one year of the following Support Services for each Installed System: installation support, configuration support, advanced configuration support and systems administration support. Customer acknowledges that Red Hat Enterprise Linux ES and WS each supports a maximum of two-way SMP hardware and less than four gigabytes of RAM.
4. Red Hat Enterprise Linux ES Basic Subscription. Includes the following: (1) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, and (3) 90 days of the following Red Hat Enterprise Support Services for each Installed System: installation support and configuration support. Customer acknowledges that Red Hat Enterprise Linux ES supports a maximum of two-way SMP hardware and less than four gigabytes of RAM.
5. Red Hat Enterprise Linux WS Standard Subscription. Includes the following: (1) Either a number of copies of the Software installation CD's, documentation CD's and documentation manuals equal to the number of Installed Systems or (if purchased via RHEN) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, (3) new versions of the applicable Software, if any, released during the subscription period and (4) one year of the following Support Services for each Installed System: installation support, configuration support, and desktop support. Customer acknowledges that Red Hat Enterprise Linux WS supports a maximum of two-way SMP hardware and less than four gigabytes of RAM.
6. Red Hat Enterprise Linux WS Basic Subscription. Includes the following: (1) downloadable Software and documentation manuals for the number of Installed Systems, (2) a subscription for one year of RHEN for each Installed System, and (3) 90 days of the following Support Services for each Installed System: installation support, configuration support and desktop Support. Customer acknowledges that Red Hat Enterprise Linux WS supports a maximum of two-way SMP hardware and less than four gigabytes of RAM.
C. SERVICE LEVELS
1. Response Guidelines. A response to a request for Support Services shall consist of receipt of and acknowledgment by Red Hat of Customer's request for Support Services. Red Hat will use commercially reasonable efforts to provide a response within the response guideline period set forth in the table below during standard business hours and days as set forth in the table below, exclusive of Red Hat holidays. Customer acknowledges that a response may not include resolution for all requests for Support Services. Red Hat will use commercially reasonable efforts to provide answers and resolve Customer's requests for Support Services. However, Customer acknowledges and understands that no software is perfect or error free and that, despite Red Hat's commercially reasonable efforts, Red Hat may be unable to provide answers to or resolve some or all requests for Support Services. Red Hat makes no promises, guarantees, or assurances of any kind that it will be able to resolve all Customer Support Services requests.
|Subscription Type||Response Guidelines|
|Red Hat Enterprise Linux AS (or Red Hat Linux Advanced Server) Premium||
1 Business Hour by telephone
1 Business Day by Web/email
1 Hour by telephone for Severity 1 Issues
Red Hat Enterprise Linux ES Standard
Red Hat Enterprise Linux WS Standard
Red Hat Enterprise Linux AS (or Red Hat Linux Advanced Server) Standard
4 Business Hours by telephone
2 Business Days by Web/email
Red Hat Enterprise Linux ES Basic
Red Hat Enteprise Linux WS Basic
2. Severity Level Definitions.:
|1||Catastrophic production problem which may severely impact the Customer's production systems, or in which Customer's production systems are down or not functioning; loss of production data and no procedural work around exists. Severity 1 problem also includes issues that result in an emergency condition that causes a serious security breach.|
|2||High-impact problem in which the Customer's operation is disrupted but there is capacity to remain productive and maintain necessary business-level operations. Severity 2 problem also applies for minor security breach situations.|
|3||Medium-to-low impact problem which involves partial non-critical functionality loss. One which impairs some operations but allows the Customer's system to continue to function. This may be a minor issue with limited loss or no loss of functionality or impact to the Customer's operation and issues in which there is an easy circumvention or avoidance by the end user. This includes documentation errors.|
|4||General usage questions, recommendations for future product enhancements or modifications and to calls that are passed to Red Hat for information purposes. There is no impact on the quality, performance or functionality of the product.|
3. Standard Business Hours and Days:
|GEOGRAPHY||STANDARD BUSINESS HOURS AND DAYS|
|North America, South America||9 a.m. To 9 p.m. EST Monday-Friday*
(*9 to 5 EST Monday-Friday for Basic subscriptions)
|Europe, Middle East, Africa||UK: 9 a.m. To 5 p.m. GMT Monday-Friday
Other: 9 a.m. To 5 p.m. CET Monday-Friday
|Japan||9 a.m. To 5 p.m. JST Monday-Friday|
|Pacific Rim Countries||9 a.m. To 9 p.m. local times Monday-Friday|
4. Number of Contacts:
|Number of Installed Servers||Number of Contacts|
|1 to 25||2|
|26 to 50||3|
|51 to 100||4|
|101 to 250||6|
|251 to 500||8|
|501 to 1000||12|
5. Support Service Conditions. Red Hat may, at its discretion, decline to provide Support Services for Software that has been modified or changed by Customer in any way, except as directed by Red Hat. Red Hat will provide Support Services for Supported Hardware and Platforms only. Red Hat will only provide Support Services for those Installed Systems for which Customer has subscribed under this Agreement.
LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY FOR RED HAT ENTERPRISE LINUX AS VERSION 2.1 (OR RED HAT LINUX ADVANCED SERVER VERSION 2.1), RED HAT ENTERPRISE LINUX WS VERSION 2.1 AND RED HAT ENTERPRISE LINUX ES VERSION 2.1 (collectively, "Red Hat Enterprise Linux")
Please read this document carefully before installing Red Hat® Enterprise Linux®, any of its packages, or any software included with this product or delivered by means of Red Hat Network or Red Hat Enterprise Network. This document contains important information about Customer's legal rights.
As used herein, "EULA" means an end user license agreement, and "Software Programs" means, collectively, the individual Linux Programs, as defined below. Red Hat Enterprise Linux is a modular operating system made up of hundreds of individual software components, each of which was individually written and copyrighted, and the EULA of each component is located in the source code for the component. Throughout this document the components are referred to as the "Linux Programs." Most of the Linux Programs are licensed pursuant to a Linux EULA that permits Customer to copy, modify, and redistribute the software, in both source code and binary code forms. With the exception of certain image files identified below, the remaining Linux Programs are freeware or have been placed in the public domain. Customer must review these Linux EULAs carefully, in order to understand its rights and to realize the maximum benefits available with Red Hat Enterprise Linux. Nothing herein limits Customer's rights under, or grants Customer rights that supersede, the terms of any applicable Linux EULA. Red Hat may provide Red Hat Enterprise Linux or other software or content by means of Red Hat Network or Red Hat Enterprise Network. Each software component has its own applicable EULA and all content is provided subject to its own licensing terms.
The distribution also includes the IBM® Java Development Kit ("JDK"), which is software licensed to Customer from IBM Corporation, hereinafter, the "IBM Programs". For the precise terms of the license for these IBM Programs, please check the on-line documentation that accompanies them or review the license at http://www.redhat.com/licenses/jdk_ibm.html. If Customer does not agree to abide by the applicable license terms for these IBM Programs, then Customer may not install them. If Customer wishes to install these IBM programs on more than one computer, then Customer must contact IBM to purchase additional licenses.
Red Hat Enterprise Linux itself is a collective work under U.S. Copyright Law. Subject to the trademark use limitations set forth below, Red Hat grants Customer a license in this collective work pursuant to the GNU General Public License.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING ANY OF THE SOFTWARE PROGRAMS. INSTALLING THE SOFTWARE PROGRAMS INDICATES CUSTOMER'S ACCEPTANCE TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND OF THE LINUX EULAS ASSOCIATED WITH THE SOFTWARE PROGRAMS. IF CUSTOMER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN CUSTOMER MAY NOT INSTALL THE SOFTWARE PROGRAMS.
THE SOFTWARE PROGRAMS, INCLUDING SOURCE CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATION, ARE PROPRIETARY PRODUCTS OF RED HAT, INC. ("RED HAT") AND OTHERS AND ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THESE PROGRAMS, OR TO ANY COPY, MODIFICATION OR MERGED PORTION OF ANY OF THESE PROGRAMS, SHALL AT ALL TIMES REMAIN WITH THE AFOREMENTIONED, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE LINUX EULA RELATED TO THE SOFTWARE PROGRAMS UNDER CONSIDERATION.
THE "RED HAT" TRADEMARK AND RED HAT'S "SHADOWMAN" LOGO ARE REGISTERED TRADEMARKS OF RED HAT IN THE UNITED STATES AND OTHER COUNTRIES. WHILE THIS LICENSE AGREEMENT ALLOWS CUSTOMER TO COPY MODIFY AND DISTRIBUTE THE SOFTWARE, IT DOES NOT PERMIT CUSTOMER TO DISTRIBUTE THE SOFTWARE UTILIZING RED HAT'S TRADEMARKS. CUSTOMER SHOULD READ THE INFORMATION FOUND AT http://www.redhat.com/about/corporate/trademark/ BEFORE DISTRIBUTING A COPY OF THE SOFTWARE, REGARDLESS OF WHETHER IT HAS BEEN MODIFIED. IN ADDITION, IF CUSTOMER MAKES A COMMERCIAL REDISTRIBUTION OF THE SOFTWARE AND (A) IT DOES NOT FALL WITHIN AN EXCEPTION PROVIDED IN RED HAT'S TRADEMARK GUIDELINES, (B) IT HAS NOT ENTERED INTO A REDISTRIBUTION AGREEMENT WITH RED HAT, OR (C) IT DO NOT HAVE A TRADEMARK LICENSE AGREEMENT WITH RED HAT, THEN CUSTOMER MUST MODIFY THE FILES IDENTIFIED AS REDHAT-LOGOS AND ANACONDA-IMAGES SO AS TO REMOVE ALL USE OF IMAGES CONTAINING THE "RED HAT" TRADEMARK OR RED HAT'S SHADOW MAN LOGO. NOTE THAT MERE DELETION OF THOSE FILES MAY CORRUPT THE SOFTWARE.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR IN A LINUX EULA, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE PROGRAMS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Red Hat warrants that the media on which any of the Software Programs are furnished will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to Customer. Red Hat does not warrant that the functions contained in the Software Programs will meet Customer's requirements or that the operation of the Software Programs will be entirely error free or appear precisely as described in the accompanying documentation. ANY WARRANTY OR REMEDY PROVIDED UNDER THIS AGREEMENT EXTENDS ONLY TO THE PARTY WHO PURCHASES RED HAT ENTERPRISE LINUX FROM RED HAT OR A RED HAT AUTHORIZED DISTRIBUTOR.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies described below are accepted by Customer as its only remedies. Red Hat's entire liability, and Customer's exclusive remedies, shall be: if the Software Programs media are defective, Customer may return them within 30 days of delivery along with a copy of Customer's payment receipt and Red Hat, at its option, will replace them or refund the money paid by Customer for the Software Programs. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RED HAT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PROGRAMS, EVEN IF RED HAT OR A DEALER AUTHORIZED BY RED HAT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED HAT'S LIABILITY HEREUNDER EXCEED THE AMOUNT THAT CUSTOMER PAID TO RED HAT UNDER THIS AGREEMENT DURING THE PREVIOUS TWELVE MONTHS.
As required by U.S. law, you represent and warrant that you: (a) understand that certain of the Software Programs are subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria); (c) will not export, re-export, or transfer the Software Programs to any prohibited destination, entity, or individual without the necessary export license(s) or authorization(s) from the U.S. Government; (d) will not use or transfer the Software Programs for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; (e) understand and agree that if you are in the United States and export or transfer the Software Programs 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 United States may restrict the import, use, or export of encryption products and that you shall be solely responsible for compliance with any such import, use, or export restrictions.
If any provision of this License is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This License shall be governed by the laws of the State of North Carolina and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
Copyright © 2003 Red Hat, Inc. All rights reserved. "Red Hat" and the Red Hat "Shadowman" logo are registered trademarks of Red Hat, Inc. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.