Restriction on distribution by Novell?

Justin Clift justin at
Tue Sep 26 11:19:08 UTC 2006

Juergen Weigert wrote:
> On Sep 26, 06 06:58:45 +0000, justin at wrote:
>> Hi all,
>> Just came across something interesting.  Although Novell's SuSE Linux  
>> Enterprise Software (SLES) product allows for unlimited use once  
>> purchased:
>>   "You may make and use unlimited copies of the Software for Your  
>> distribution and use within Your Organization."
> the fourth paragraph of the above EULA says:
> ] The Software is a modular operating system. Most of the components are open
> ] source packages, developed independently, and accompanied by separate
> ] license terms. Your license rights with respect to individual components
> ] accompanied by separate license terms are defined by those terms; nothing
> ] in this Agreement shall restrict, limit, or otherwise affect any rights or
> ] obligations You may have, or conditions to which You may be subject, under
> ] such license terms.
> Please let me know If this is insufficient.

Yep, that's what I'm curious about. :)

The above EULA seems very self-contained, and applies to the SLES 
operating system itself.

The (below) terms aren't for SLES, they're for the Update Protection 
services which is complementary to SLES, and appear to restrict the 
distribution of software (under various Open Source licenses) supplied 
through the Update Protection service.


>> They have been clever with their terms for receiving updates (Upgrade  
>> Protection).  They appear to restrict the number of servers to which  
>> the updates can be applied:
>>  (paragraph 5)  "... up to the number of installations for which  
>> Customer has purchased Upgrade Protection."
>> The updates in this case are software updates under various OSI  
>> certified licenses (i.e. GPL, etc) which prohibit restriction on  
>> distribution.
>> Have I missed something here, or is Novell doing the wrong thing?
> We don't want to do something wrong :-)
> cheers,
>         Jw.

Regards and best wishes,

Justin Clift

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