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LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY FEDORA(TM) DIRECTORY SERVER This agreement governs the use of Fedora Directory Server, Administration Server and Management Console (collectively, the "SOFTWARE") and any updates to the Software, regardless of the delivery mechanism. 1. FEDORA DIRECTORY SERVER 1.1 LICENSE GRANT. Fedora Directory Server ("FDS") is a modular application consisting of hundreds of software components and is a collective work under U.S. Copyright Law. Subject to the following terms, Red Hat, Inc. ("RED HAT") grants to the user ("LICENSEE") a license to this collective work pursuant to the GNU General Public License. Please note that Administration Server and Management Console, which are binary-only code used to configure and administer FDS, are subject to the license terms in Section 2. The end user license agreement for each component of FDS is 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 LICENSEE to copy, modify, and redistribute the component, in both source code and binary code forms. This agreement does not limit LICENSEE's rights under, or grant LICENSEE rights that supersede, the license terms of any particular component. 1.2 LICENSE EXCEPTION. In addition, as a special exception, Red Hat gives LICENSEE the additional right to link the code of FDS with code not covered under the GNU General Public License ("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 FDS through those well defined interfaces identified in that file named EXCEPTION in the source code files for FDS (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 GNU General Public License. Only Red Hat may make changes or additions to the list of Approved Interfaces. LICENSEE must comply with the GNU General Public License in all respects for all of the FDS code and other code used in conjunction with FDS except the Non-GPL Code covered by this exception. If LICENSEE modifies FDS, LICENSEE may extend this exception to its version of FDS, but LICENSEE is not obligated to do so. If LICENSEE does not wish to provide this exception without modification, LICENSEE must delete this exception statement from LICENSEE's version of FDS and license FDS solely under the GPL without exception. 1.3 INTELLECTUAL PROPERTY RIGHTS. FDS and each of its 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 FDS and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. 2. ADMINISTRATION SERVER, AND MANAGEMENT CONSOLE 2.1 LICENSE GRANT. Subject to the provisions of this Section 2.1, Red Hat hereby grants LICENSEE a non-exclusive, non-transferable, worldwide, perpetual, fully paid right (without the right to sublicense) to use, reproduce and distribute Administration Server ("ADMIN SERVER"), and Management Console ("CONSOLE") in executable, machine-readable form. LICENSEE must reproduce all copyright and other proprietary notices on such copies. LICENSEE may only reproduce and distribute 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, LICENSEE may not modify, copy, transfer or otherwise use Admin Server, or Console, and all licenses granted in this Section 2 are automatically terminated if LICENSEE does so. 2.2 CHANGE IN LICENSING. It is Red Hat's intent to change the terms of the license granted in this Section 2 to that of an open source license. If such change is generally announced to the public, LICENSEE will have the option to elect to have Admin Server and Console governed by the terms of such open source license. If LICENSEE does not make such election, the terms of this Agreement will continue to govern LICENSEE's use of Admin Server and Console. 3. LIMITED WARRANTY. Except as specifically stated in this Section 3 or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE 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 does not warrant that the functions contained in the Software will meet LICENSEE's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. 4. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED HAT WILL NOT BE LIABLE TO LICENSEE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RED HAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. EXPORT CONTROL. As required by U.S. law, LICENSEE represents and warrants that it: (a) understands that the Software is 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, Libya, North Korea, Sudan and Syria); (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (d) will not use or transfer the Software 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) understands and agrees that if it is in the United States and exports or transfers the Software to eligible end users, it will, as required by EAR Section 740.17(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) understands that countries other than the United States may restrict the import, use, or export of encryption products and 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 Software that are not part of the Software. These third party programs are subject to their own license terms. The license terms either accompany the programs or can be viewed at http://www.redhat.com/licenses/. If LICENSEE does not agree to abide by the applicable license terms for such programs, then LICENSEE may not install them. If LICENSEE wishes to install the programs on more than one system or transfer the programs to another party, then LICENSEE must contact the licensor of the 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 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.Accept Decline
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