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END USER LICENSE AGREEMENT RED HAT® ENTERPRISE LINUX® AND RED HAT APPLICATIONS This end user license agreement (“EULA”) governs the use of any of the versions of Red Hat Enterprise Linux, any Red Hat Applications (as set forth at www.redhat.com/licenses/products), and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism. 1. License Grant. Subject to the following terms, Red Hat, Inc. (“Red Hat”) grants to you (“User”) a perpetual, worldwide license to the Programs pursuant to the GNU General Public License v.2. The Programs are either a modular operating system or an application consisting of hundreds of software components. With the exception of certain image files identified in Section 2 below, the license agreement for each software component is located in the software component's source code and permits User to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This EULA pertains solely to the Programs and does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component. 2. Intellectual Property Rights. The Programs and each of their components are owned by Red Hat and others and are protected under copyright law and under other laws as applicable. Title to the Programs 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 the Programs or their components using Red Hat's trademarks, regardless of whether the copy has been modified. User should read the information found at http://www.redhat.com/about/corporate/trademark/ before distributing a copy of the Programs. User may make a commercial redistribution of the Programs 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. 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 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 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 this 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 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 authorizations(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. In the case of a discrepancy between the Spanish version and the English version of this EULA, the English version shall prevail. 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. Copyright © 2007 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.