Use of Site. Unless otherwise provided in an executed license and service agreement (an "Agreement") between you and Novell. ("NOVELL") you are only authorized to view and download the materials at this Site for your internal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. Except as specifically provided in an Agreement, you may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute, copy, transmit, publish, license, create derivative works from, transfer or sell or otherwise use them for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any (i) Web site other than the Site or (ii) networked computer environment, for any purpose not specifically contemplated in an Agreement is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to access and use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of Software. Novell does not grant to any customer, partner, user or other entity ("Customer") any license or right to possess, use or operate ServiceDiscÔ (a Package of Third Party Software(s), Embedded and Instrumented in a Virtual Container for use only by Novell Operations CenterÔ) in any manner. Customer may only access, download, use and operate ServiceDiscs in accordance with the terms of a valid and existing license which Customer holds for the third party software embedded in that ServiceDisc. Novell is not responsible for any third party applications, software and operating systems including any third party software that may have been instrumented or embedded in a ServiceDisc for use within the Novell Operations Center environment. Without limiting the foregoing, Novell shall not be responsible for any third party software defects, problems and non-conformance with performance specifications. Where a third party software vendor identifies problems with third party software as being caused by Novell, Novell shall use commercially reasonable efforts to resolve the problem within a reasonable period of time. If Customer uses a ServiceDisc, any third party having rights over the underlying Third Party Software may cause an audit to be made, at it's expense, of Customer's applicable records to verify that Customer has the necessary licenses to operate Embedded or Instrumented Software in a ServiceDisc and that the Embedded or Instrumented Software is being used in compliance with those licenses.

User Submissions. Information or other communication you transmit or post to this Site (your "Communications") will be considered non-confidential and non-proprietary. Novell will have no obligations with respect to your Communications except those specifically provided in the Novell Privacy Statement. Novell and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, but only in accordance with the PLATESPIN.COM Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Novell has not reviewed all of these third party Web sites and does not control and is not responsible for any of these sites or their content. Novell does not endorse or make any representations about any such Web sites, or any information, software or other products, materials or content found therein, or any results that may be obtained from using them. If you decide to access any of the third party Web sites linked to this Site, you do so entirely at your own risk.

Disclaimer. UNLESS OTHERWISE PROVIDED IN AN AGREEMENT, THE MATERIALS, SERVICES AND CONTENT PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOVELL DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NOVELL FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS SITE, THAT THIS SITE AND THE MATERIALS CONTAINED THEREIN WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, THAT THE FUNCTIONS CONTAINED IN THE SITE AND THE MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOVELL RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDERS FOR PRODUCTS OR SERVICES LISTED AT AN INCORRECT PRICE OR OTHERWISE INACCURATELY DESCRIBED ON THIS SITE. NOVELL MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND NOVELL MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES AT THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL NOVELL BUSINESS CONTACT OR EMAIL NOVELL CONTACTS AT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability. THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF NOVELL. IN NO EVENT WILL NOVELL, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity. You agree to defend, indemnify and hold NOVELL, its employees, directors, third party service providers and affiliated entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys' fees, related to any violation of these Terms by you or in connection with your use of this Site.

Applicable Laws. This Site is administered by NOVELL from its offices in Toronto, Ontario, Canada. NOVELL makes no representation that materials or services at this Site are appropriate or available for use outside Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in a manner which to contrary to any applicable local, provincial, state, national, international and foreign laws or regulations governing your use of this Site including, without limitation, U.S. export laws and regulations. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site. If you choose to access this Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. By using this Site, you hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada, for any legal proceeding arising out of or relating to your use of this Site or these Terms.

Modification of Terms. NOVELL may revise these Terms at any time by updating this posting. Accordingly, you are encouraged to periodically review the Terms. Subsequent to such modification, your further use of this Site shall be deemed to constitute acceptance by you of the modified Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Severability. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Entire Agreement. Unless specifically provided herein, these Terms constitute the entire agreement between you and NOVELL with respect to your use of this Site. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth in an Agreement. If there is any conflict or inconsistency between these Terms and the provisions of an Agreement between you and NOVELL, the provisions of the Agreement shall govern.

Termination. Your authorization to access and use this Site shall automatically terminate if you are in breach of any of the provisions contained herein. Unless otherwise specified in an Agreement, NOVELL reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.

Language. "The parties hereto confirm their express wish that this Agreement, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith; les parties aux présentes confirment leur volonté expresse de voir la présente convention de même que tous les documents, y compris tous avis, si rattachant rédigés en langue anglaise seulement et s'en déclarent satisfaits."