﻿END USER LICENSE AGREEMENT RED HAT® ENTERPRISE LINUX® AND RED HAT
APPLICATIONS


PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING
SOFTWARE FROM RED HAT. BY USING RED HAT SOFTWARE, YOU SIGNIFY YOUR
ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT AND
ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE TERMS. AN INDIVIDUAL
ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE
AUTHORITY TO ENTER INTO THIS END USER LICENSE AGREEMENT ON BEHALF OF
THAT ENTITY. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN
YOU MUST NOT USE THE RED HAT SOFTWARE. THIS END USER LICENSE AGREEMENT
DOES NOT PROVIDE ANY RIGHTS TO RED HAT SERVICES SUCH AS SOFTWARE
MAINTENANCE, UPGRADES OR SUPPORT. PLEASE REVIEW YOUR SERVICE OR
SUBSCRIPTION AGREEMENT(S) THAT YOU MAY HAVE WITH RED HAT OR OTHER
AUTHORIZED RED HAT SERVICE PROVIDERS REGARDING SERVICES AND ASSOCIATED
PAYMENTS.

This end user license agreement (“EULA”) governs the use of any of the
versions of Red Hat Enterprise Linux, certain other Red Hat software
applications that include or refer to this license, 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 a perpetual, worldwide license to the Programs
(most of which include multiple software components) pursuant to the
GNU General Public License v.2. The license agreement for each
software component is located in the software component's source code
and permits you to run, copy, modify, and redistribute the software
component (subject to certain obligations in some cases), both in
source code and binary code forms, with the exception of (a) certain
binary only firmware components and (b) the images identified in
Section 2 below. The license rights for the binary only firmware
components are located with the components themselves. This EULA
pertains solely to the Programs and does not limit your rights under,
or grant you 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 other licensors 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 Red Hat and other licensors, 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 you to distribute the Programs or
their components using Red Hat's trademarks, regardless of whether the
copy has been modified. You may make a commercial redistribution of
the Programs only if (a) permitted under a separate written agreement
with Red Hat authorizing such commercial redistribution, or (b) you
remove and replace all occurrences of Red Hat
trademarks. Modifications to the software may corrupt the
Programs. You should read the information found at
http://www.redhat.com/about/corporate/trademark/ before distributing a
copy of 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 provided will be free from defects in
materials and manufacture under normal use for a period of 30 days
from the date of delivery to you. Neither Red Hat nor its affiliates
warrants that the functions contained in the Programs will meet your
requirements or that the operation of the Programs will be entirely
error free, appear or perform precisely as described in the
accompanying documentation, or comply with regulatory
requirements. This warranty extends only to the party that purchases
subscription services for the Programs from Red Hat and/or its
affiliates or a Red Hat authorized distributor.

4.  Limitation of Remedies and Liability. To the maximum extent
permitted by applicable law, your exclusive remedy under this EULA is
to return any defective media within 30 days of delivery along with a
copy of your payment receipt and Red Hat, at its option, will replace
it or refund the money you paid for the media. To the maximum extent
permitted under applicable law, under no circumstances will Red Hat,
its affiliates, any Red Hat authorized distributor, or the licensor of
any component provided to you under this EULA be liable to you 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, its affiliates, an authorized distributor
and/or licensor has been advised of the possibility of such
damages. In no event shall Red Hat's or its affiliates’ liability, an
authorized distributor’s liability or the liability of the licensor of
a component provided to you under this EULA exceed the amount that you
paid to Red Hat for the media under this EULA.

5.  Export Control. As required by the laws of the United States and
other countries, you represent and warrant that you: (a) understand
that the Programs and their components may be subject to export
controls under the U.S. Commerce Department’s Export Administration
Regulations (“EAR”); (b) are 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)
understand and agree that if you are in the United States and exports
or transfers the Programs to eligible end users, you 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) understand 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 agree that you 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 you, 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 you do not
agree to abide by the applicable license terms for the third party
software programs, then you may not install them. If you wish to
install the third party software programs on more than one system or
transfer the third party software programs to another party, then you
must contact the licensor of the applicable third party software
programs.

7.  General. If any provision of this EULA is held to be unenforceable,
the enforceability of the remaining provisions shall not be
affected. Any claim, controversy or dispute arising under or relating
to this EULA 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 © 2010 Red Hat, Inc. All rights reserved. "Red Hat" and the
Red Hat "Shadowman" logos 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.
