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发表于 2005-3-5 01:56:39
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Red Hat Evaluation Agreement
This Evaluation Agreement (the "Agreement") is between Red Hat, Inc. ("Red Hat") and the user ("Client") of Red Hat Enterprise Linux, Red Hat Applications, or Red Hat Network products or services under this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING RED HAT PRODUCTS AND SERVICES. BY USING OR PURCHASING RED HAT PRODUCTS OR SERVICES, CLIENT 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 CLIENT DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE OR PURCHASE RED HAT PRODUCTS AND SERVICES.
Purpose. Red Hat wishes to provide Client with certain technology services on an evaluation basis, and Client wishes to receive such services, on the terms and conditions set forth in this Agreement.
1. Evaluation
Upon acceptance of this Agreement, Red Hat will provide Client a non-exclusive and nontransferable evaluation subscription for up to ten (10) systems for Red Hat Enterprise Linux AS/ES/WS/Desktop ("RHEL"), Red Hat Applications, and/or RHN Services (as defined below). If applicable, Proxy Server Service and/or Satellite Server Service will be provided for one (1) designated system owned or operated by Client and located at Client's site (the "RHN Server"). The evaluation begins on the date Client accepts this Agreement and ends thirty (30) days later (the "Evaluation Period"). Client's use of RHEL and Red Hat Applications (the "Software")is subject to the end user license agreement at www.redhat.com/licenses/rhel_rha_eula.html.
2. Services
"Services" means access to Red Hat Network, the Proxy Server Service, and/or the Satellite Server Service, as applicable. "RHN Services" are Internet solutions that include (a) Update Module, (b) Management Module and/or (c) Provisioning Module. " roxy Server Service" and "Satellite Server Service" are optional RHN Services architectures on supported hardware or platforms listed at http://hardware.redhat.com/hcl.
3. General Service Conditions
Client must designate one person as its technical contact for receipt of Services. The contact will have a system administrator level or higher technical capability. Services may be used only for systems authorized by this Agreement and only for Client's benefit. An entitlement for one system may not be used for any other system concurrently. Unauthorized use of the Services is a material breach of this Agreement and will result in immediate termination of this Agreement. If Client uses the Services after the expiration of the Evaluation Period, Client agrees to negotiate in good faith with Red Hat to enter into a Red Hat subscription agreement.
4. RHN Proxy Server and Satellite Server Service Conditions
Subject to Client's compliance with the terms and conditions of this Agreement, Red Hat grants Client a non-exclusive, non-transferable, revocable license to use the RHN Code solely for purposes of using the RHN Proxy Server and/or Satellite Server Service during the term of this Agreement. Client may not: (a) modify or create any derivative works of the RHN Code; (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the RHN Code; (iii) use the RHN Code in a timesharing or service bureau arrangement; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the RHN Code. Upon termination of the Evaluation Period, Client will promptly destroy all copies of the RHN Code in its possession. The RHN Code (and any media containing the RHN Code) is copyrighted by and is the confidential information of Red Hat, and Client will not use or disclose any information regarding the RHN Code, except as permitted by this Agreement. The term "RHN Code" means the software code installed on an RHN Server, and utilized by Red Hat Network for the purpose of providing Client access to Red Hat Network during the Evaluation Period. For RHN Satellite Server with an embedded database, Client is subject to the terms set forth at www.redhat.com/licenses/satellite_embedded.html.
5. Confidentiality
Red Hat and Client mutually agree to use their best efforts to keep proprietary information received from the other confidential. Such material must be specifically and clearly marked as being confidential or proprietary. This Section shall not apply to any publicly available or independently developed information.
6. Limitation of Liability
FOR ALL EVENTS AND CIRCUMSTANCES, RED HAT AND ITS AFFILIATES' AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO EXCEED THE AMOUNT THAT CLIENT PAID TO RED HAT UNDER THIS AGREEMENT.
7. Disclaimer of Damages
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN SOW, IN NO EVENT WILL RED HAT OR ITS AFFILIATES BE LIABLE TO CLIENT OR ITS AFFILIATES FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Warranty
THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS IS THE SOLE AND EXCLUSIVE WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RED HAT, ITS AFFILIATES, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. RED HAT DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
9. Governing Law/Consent To Jurisdiction
The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of the United States and of the State of North Carolina without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Client hereby consents to jurisdiction of both the state or federal courts of North Carolina. In the event the Uniform Computer Information Transactions Act (UCITA) or any similar federal or state laws or regulations are enacted, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted.
10. Export Responsibilities
Red Hat may supply Client with technical data that may be subject to export control restrictions. Red Hat will not be responsible for compliance by Client with applicable export obligations or requirements for such technical data. Client agrees to comply with all applicable export control restrictions.
11. Complete Agreement
This Agreement constitutes the exclusive terms and conditions with respect to the subject matter of this Agreement, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by Client to place orders or otherwise effect transactions. This Agreement represents the final, complete and exclusive statement of the agreement between the parties with respect to subject matter of this Agreement and all prior written agreements and all prior and contemporaneous oral agreements with respect to the subject matter of this Agreement are merged therein. Any claim relating to the provision of the Services by Red Hat, its Affiliates and their personnel will be made against Red Hat alone.
12. Survival
Any provision of this Agreement that may reasonably be expected to survive its termination, including but not limited to, General Services Conditions, RHN Proxy Server and Satellite Server Service Conditions, Confidentiality, Limitation of Liability, Disclaimer of Damages, Warranty and Export Responsibilities, will survive the termination of this Agreement. |
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