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Policies and Guidelines
End User License Agreement Red Hat Directory Server and Red Hat Certificate System
This end user license agreement ("EULA") governs the use of Red Hat Directory Server (which uses Administration Server and Red Hat Management Console) and Red Hat Certificate System (which uses Enterprise Security Client and Auto Enrollment Proxy) and any related updates to source code, appearance, structure and organization (each, a "Program") regardless of the delivery mechanism.
1. Red Hat Directory Server, Enterprise Security Client and Auto Enrollment Proxy
1.1 License Grant. Red Hat Directory Server ("RHDS"), Enterprise Security Client ("ESC") and Auto Enrollment Proxy ("AEP")are modular applications consisting of hundreds of software components and are collective works under U.S. Copyright Law. Subject to the following terms, Red Hat, Inc. ("Red Hat") grants to you ("User") a perpetual, worldwide license to RHDS, ESC and AEP pursuant to the GNU General Public License v.2 ("GPL"). Please note that Administration Server and Red Hat Management Console, which are binary-only code used to configure and administer RHDS, are subject to the license terms in Section 2. The end user license agreement for each component of RHDS, ESC and AEP are located in the component's source code. With the exception of certain image files identified in Section 1.3 below, the license terms for the components permit User to copy, modify, and redistribute the component, in both source code and binary code forms. This EULA does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.
1.2 License Exception. In addition, as a special exception, Red Hat gives User the additional right to link the code of RHDS with code not covered under the GPL ("Non-GPL Code") and to distribute linked combinations including the two, subject to the limitations in this paragraph. Non-GPL Code permitted under this exception must only link to the code of RHDS through those well defined interfaces identified in that file named EXCEPTION in the source code files for RHDS (the "Approved Interfaces"). The files of Non-GPL Code may instantiate templates or use macros or inline functions from the Approved Interfaces without causing the resulting work to be covered by the GPL. Only Red Hat may make changes or additions to the list of Approved Interfaces. User must comply with the GPL in all respects for all of the RHDS code and other code used in conjunction with RHDS except the Non-GPL Code covered by this exception. If User modifies RHDS, User may extend this exception to its version of RHDS, but User is not obligated to do so. If User does not wish to provide this exception without modification, User must delete this exception statement from User's version of RHDS and license RHDS solely under the GPL without exception.
1.3 Intellectual Property Rights. RHDS, ESC, AEP and each of their components, including the source code, documentation, appearance, structure and organization are owned by Red Hat and others and are protected under copyright and other laws. Title to RHDS, ESC, AEP and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. The "Red Hat" trademark and the "Shadowman" logo are registered trademarks of Red Hat in the U.S. and other countries. This EULA does not permit User to distribute RHDS, ESC or AEP using Red Hat's trademarks. User should read the information found at http://www.redhat.com/about/corporate/trademark/ before distributing a copy of these Programs, regardless of whether they have been modified. User may make a commercial redistribution of RHDS, ESC or AEP only if (a) a separate agreement with Red Hat authorizing such commercial redistribution is executed or other written permission is granted by Red Hat or (b) User modifies any files identified as "REDHAT-LOGOS" to remove and replace all images containing the "Red Hat" trademark or the "Shadowman" logo. Merely deleting these files may corrupt the Programs.
2. Red Hat Certificate System, Administration Server, and Red Hat Management Console
2.1 License Grant. Subject to the provisions of this Section 2.1, Red Hat hereby grants User a non-exclusive, non-transferable, worldwide, perpetual, fully paid right (without the right to sublicense) to use, reproduce and distribute Red Hat Certificate System ("RHCS"), Administration Server ("Admin Server"), and Red Hat Management Console ("Console") in executable, machine-readable form. User must reproduce all copyright and other proprietary notices on such copies. User may only reproduce and distribute RHCS, Admin Server or Console to another party if the other party agrees in writing to be obligated by the terms and conditions of this Section 2.1. Except as provided in this Section 2.1, User may not modify, copy, transfer or otherwise use RHCS, Admin Server, or Console, and all licenses granted hereunder are automatically terminated if User does so.
2.2 Change in Licensing. It is Red Hat's intent to change the terms of the license granted under this Section 2 to those of an open source license. If such change is generally announced to the public, User will have the option to elect to have RHCS, Admin Server and Console be governed by the terms of such open source license. If User does not make such election, the terms of this Agreement will continue to govern User's use of the RHCS, Admin Server and Console.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Red Hat, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Red Hat warrants that the media on which the Programs and the components are furnished will be free from defects in materials and manufacture under normal use for a period of thirty (30) days from the date of delivery to User. Red Hat does not warrant that the functions contained in the Programs will meet User's requirements or that the operation of the Programs will be entirely error free, appear precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases services pertaining to the Programs from Red Hat or a Red Hat authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, User's exclusive remedy under this EULA is to return any defective media within thirty (30) days of delivery along with a copy of User's payment receipt and Red Hat, at its option, will replace it or refund the money paid by User for the media. To the maximum extent permitted under applicable law, neither Red Hat, any Red Hat authorized distributor, nor the licensor of any component provided to User under the EULA will be liable to User for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, such authorized distributor or licensor has been advised of the possibility of such damages. In no event shall Red Hat's liability, an authorized distributor's liability or the liability of the licensor of a component provided to User under this EULA exceed the amount that User paid to Red Hat under this EULA during the twelve (12) months preceding the action.
5. Export Control. As required by the laws of the United States and other countries, User represents and warrants that it: (a) understands that the Programs and their components may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria, subject to change as posted by the United States government); (c) will not export, re-export, or transfer the Programs to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorization(s); (d) will not use or transfer the Programs for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; (e) understands and agrees that if it is in the United States and exports or transfers the Programs to eligible end users, it will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry and Security , which include the name and address (including country) of each transferee; and (f) understands that countries including the United States may restrict the import, use, or export of encryption products (which may include the Programs and the components) and agrees that it shall be solely responsible for compliance with any such import, use, or export restrictions.
6. Third Party Programs. Red Hat may distribute third party software programs with the Programs that are not part of the Programs. These third party programs are not required to run the Programs, are provided as a convenience to User, and are subject to their own license terms. The license terms either accompany the third party software programs or can be viewed at http://www.redhat.com/licenses/thirdparty/eula.html. If User does not agree to abide by the applicable license terms for the third party software programs, then User may not install them. If User wishes to install the third party software programs on more than one system or transfer the third party software programs to another party, then User must contact the licensor of the applicable third party software programs.
7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of the State of New York and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.