Novell_® Sentinel^™ 6.1

Novell Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.

This Novell Software License Agreement (“Agreement”) is a legal agreement between You (an entity or a person) and Novell, Inc. (“Novell”). The software product identified in the title of this Agreement, media (if any) and accompanying documentation (collectively the “Software”) is protected by the copyright laws and treaties of the United States (“U.S.”) and other countries and is subject to the terms of this Agreement. If You do not agree with the terms of this Agreement, do not download, install or otherwise use the Software and, if applicable, return the entire unused package to the reseller with Your receipt for a refund. The Software is licensed to You, not sold. If the Software is an update or support release, then You must have validly licensed the version and quantity of the Software being updated in order to install or use the update or support release.

The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor other than Novell. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Novell is not responsible for any third party's software and shall have no liability for Your use of third party software.

LICENSED USE

Commercial Software.

"Collector" means a functional script or agent designed to collect, normalize and parse content from a variety of Devices. Collector includes collectors provided by Novell as well as collectors developed by or for You using the Collector Builder or Collector Software Development Kit (SDK).

"Collector Builder" means the components of the Software with which Collectors can be built or modified using Sentinel's proprietary collector language.

"Collector Software Development Kit (SDK)" means the API with which Collectors can be built or modified using industry-standard languages.

"Crystal Products" means the Crystal products licensed by Business Objects, if any, that are provided with the Software.

"Device” means any single hardware device, program or application that Transports data or information directly to the Software, or indirectly to the Software through one or more Managers.

"Novell Advisor" refers to the Sentinel vulnerability and exploit mapping data feed.

"Sentinel Server” means the following Server Components collectively: Communication Server, Correlation Engine, and Data Access Service (DAS).

"Server Component” means the Communication Server, Correlation Engine, and Data Access Service (DAS) components of the Software.

"Type I Device” means a single server operating system, database, security or network device (e.g., firewalls, intrusion detection systems (IDS), intrusion prevention systems (IPS), routers, switches, etc.). Devices or software that send their event logs to a management console/device/software or syslog server are counted by the number of primary source devices from which the logs originate.

"Type II Device” means applications or operating systems on individual desktop computers (e.g., virus scanning per desktop) or hand-held or portable devices.

"Type III Device” means vulnerability scanner devices or software.

"Type IV Device” means non-security enterprise applications (e.g., enterprise resource planning (ERP) software, email, application delivery, etc.), log management appliances or software, but does not include syslog servers. Additionally a Type IV Device includes any other device that doesn't qualify as a Type I, Type II, Type III or Type V Device.

"Type V Device” means mainframe security logical partitions (LPARs) to be monitored (e.g., RACF, TopSecret and ACF2) and mid-range servers (e.g., AS400 or HP NonStop).

"Permitted Derivative Works” means derivative works created in conformance with the license grant below.

"Transport” means to access, deliver or otherwise make information or data available to any component of the Software.

"Solution Pack” is a predefined set of Sentinel content that is imported and deployed into an existing Sentinel installation using the Solution Manager in the Sentinel Control Center component of the Software. The content within a Solution Pack may include, but is not limited to: correlation rule deployments, including deployment status and associated correlation rules, correlation actions, and dynamic lists; reports; iTRAC workflows, including associated roles; event enrichment, including map definitions and event metatag configuration; and other associated files added when the Solution Pack is created, such as documentation, example report PDFs, or sample map files.

Subject to Your payment of the applicable fees and the terms and conditions of this Agreement, Novell hereby grants You a nonexclusive and nontransferable license to install and execute the object form of (a) the licensed Novell Software, and (b) the Permitted Derivative Works.

Software Licensing. You must acquire an Instance license for each installation of the Sentinel Server and for each additional copy (or partial copy) of the Sentinel Server stored or loaded in memory or virtual memory beyond the initial copy necessary for execution of the Sentinel Server installed on the hardware. In addition, You must acquire the applicable Type I/II/III/IV/V Device license for each device or installation of software in memory or virtual memory from which event logs are being collected by the Sentinel Server. Further, for Server Components not installed, stored, or loaded collectively with other Server Components as part of the Sentinel Server, You must acquire the applicable category of Instance license for each installation and for each additional copy (or partial copy) of each such Server Component stored or loaded in memory or virtual memory beyond the initial copy necessary for execution of such Server Component installed on the hardware.

The Novell Advisor Software is licensed on an annual subscription basis.

License to Create Permitted Derivative Works. Solely as provided in the documentation, Novell hereby grants You a nonexclusive and nontransferable license to use the Novell Collector Builder to create custom Collectors for Your internal use (“Permitted Derivative Works”). The Permitted Derivative Works may be used solely in conjunction with the Software and for no other purpose.

License to Create Solution Packs. Solely as provided in the documentation, and only to the extent You acquire a Solution Pack license, Novell hereby grants You a nonexclusive and nontransferable license to create custom derivative works of a Solution Pack for Your internal use. Such derivative works may be used solely in conjunction with the Software and for no other purpose.

Crystal Products. The Novell Software may be delivered with Crystal Products licensed by Business Objects. If copies of Crystal Products are delivered with the Novell Software, You are granted a Single Named User License for Crystal Reports Advanced and a 5 Named User License for Crystal Enterprise Standard. Your use of the Crystal Products is limited to use with the Novell Software and governed by the licensing agreement contained in the Crystal Products. You agree to be bound by the terms of such licensing agreements. NOVELL DELIVERS THE CRYSTAL PRODUCTS “AS IS” AND ALL LIABILITY FOR THE USE OF SUCH PRODUCTS RESIDES WITH YOU AND BUSINESS OBJECTS AS ESTABLISHED IN THE CRYSTAL PRODUCT LICENSING AGREEMENT. Business Objects Software Limited is an intended third party beneficiary under this Agreement with respect to the Crystal Products.

Evaluation Software. If the Software is an evaluation version or is provided to You for evaluation purposes, then Your license to use the Software is limited solely to internal evaluation purposes in accordance with the terms of the evaluation offering under which You received the Software and expires 90 days from installation (or such other period as indicated by the Software) and the Software may cease to function. Upon expiration of the evaluation period, You must discontinue use of the Software, return to an original state any actions performed by the Software, and delete the Software entirely from Your system. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other measures to prevent any loss of files or data. Use of the Software is entirely at Your own risk.

RESTRICTIONS

License Restrictions. Novell reserves all rights not expressly granted to You. You may not: (1) increase, by any means whatsoever, the number of connections supported by the Software and licensed to You or support more than one connection or user through a single connection; (2) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law; (3) modify, alter, rent, timeshare or lease the Software or sublicense any of Your rights under this Agreement; or (4) transfer the Software or Your license rights under this Agreement, in whole or in part.

Suite Licenses. If Your license to use the Software is for a suite of products, then only one user may use all products in the suite (unless otherwise indicated by the Software). The suite license does not allow use of individual products in the suite by multiple users.

Upgrade Protection. If You purchased upgrade protection or maintenance under a Novell program for this Software, the upgrade protection or maintenance only entitles You to upgrades of the Software as a whole and does not entitle You to upgrades of any component programs or products bundled with the Software or any individual suite products if the Software is licensed as a suite of products. You may separately purchase upgrade protection or maintenance for individual components of the Software if permitted by the applicable Novell policies.

Upgrade License. This section applies to You if the Software is an upgrade version or is provided to You as an upgrade. “Original Product” means the product from which You are upgrading. You are authorized to use the Software only if You are the sole and original, authorized user of the Original Product and You meet the following conditions: (1) You have acquired the right to use the Software solely to replace the Original Product that You acquired legally and that qualified to be upgraded with the Software under the Novell policies existing at the time You acquired the Software; (2) You installed and used the Original Product in accordance with the terms and conditions of the applicable license agreement; (3) At the time You acquired the Original Product, You acquired a completed and authentic copy of the Original Product, including all disks and manuals, and not simply a master or license disk; (4) You have not acquired the Original Product as scrap or through a second hand purchase from a dealer, distributor or another end user; (5) You will permanently discontinue use of the Original Product within sixty (60) days of installation of the Software; and (6) You will not sell or otherwise transfer possession of the Original Product.

Additive License. This section applies to You if You are acquiring the Software to add additional users or servers to a previously acquired product (referred to below as the “Base Product”). You are authorized to use the Software only if You are the sole and original, authorized user of the Base Product and You meet the following conditions: (1) You have acquired the right to use this Software solely to add additional users or servers to the Base Product that You acquired legally; (2) At the time You acquired the Base Product, You acquired a complete and authentic copy of the Base Product, including all disks and manuals, and not simply a master or license disk; and (3) You have not acquired the Base Product as scrap or through a second hand purchase from a dealer, distributor or another end user.

Support. Novell has no obligation to provide support for the Software. For more information on Novell's current support offerings, see http://www.novell.com/support.

OWNERSHIP RIGHTS

No title to or ownership of the Software is transferred to You. Novell and/or its licensors owns and retains all title and ownership of all intellectual property rights in the Software, including any adaptations or copies. You acquire only a license to use the Software.

LIMITED WARRANTY

For ninety (90) days from Your date of purchase, Novell warrants that (1) any media on which the Software is delivered is free from physical defects; and (2) the Software will substantially conform to the documentation accompanying the Software. If the defective items are returned to Novell or if You report the nonconformity to Novell within ninety (90) days from the date of purchase, Novell will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any misuses or unauthorized modification of the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)

THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your dealer for information about compatibility.

Non-Novell Products. The Software may include or be bundled with hardware or other software programs licensed or sold by a licensor other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. ANY WARRANTY SERVICE FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.

EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary from state to state.

LIMITATION OF LIABILITY

(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitation of damages, Novell's liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

GENERAL TERMS

Term. This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms. If the Software is provided to You on a subscription basis, then Your right to possess or use the Software will terminate at the end of the applicable subscription period. Upon termination of this Agreement or any applicable subscription period, You must destroy the original and all copies of the Software or return them to Novell and delete the Software from Your systems.

Benchmark Testing. This benchmark testing restriction applies to You if You are a software developer or licensor or if You are performing testing on the Software at the direction of or on behalf of a software developer or licensor. You may not, without Novell's prior written consent not to be unreasonably withheld, publish or disclose to any third party the results of any benchmark test of the Software. If You are a licensor of products that are functionally similar to or compete with the Software (“Similar Products”), or are acting on behalf of such a licensor, and You publish or disclose benchmark information on the Software in violation of this restriction, then notwithstanding anything to the contrary in the Similar Product's end user license agreement, and in addition to any other remedies Novell may have, Novell shall have the right to perform benchmark testing on Similar Products and to disclose and publish that benchmark information and You hereby represent that You have authority to grant such right to Novell.

Open Source. 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 any applicable open source licenses to any open source code contained in the Software.

Transfer. This Agreement may not be transferred or assigned without the prior written approval of Novell.

Law and Jurisdiction. This Agreement is governed by the laws of the State of Utah, U.S. Any action at law relating to this Agreement may only be brought before the courts of competent jurisdiction of the State of Utah. If, however, Your country of principal residence is a member state of the European Union or the European Free Trade Association, this Agreement is governed by the laws of that country, and any action at law may only be brought before a court of competent jurisdiction of that country.

Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and Novell and may be amended or modified only by a written agreement agreed to by You and an authorized representative of Novell. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.

Waiver. No waiver of any right under this Agreement will be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future right arising under this Agreement.

Severability. If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement will remain unaffected.

Export Compliance. Any products or technical information provided under this Agreement may be subject to U.S. export controls and the trade laws of other countries. The parties agree to comply with all export control regulations and to obtain any required licenses or classification to export, re-export or import deliverables. The parties agree not to export or re-export to entities on the current U.S. export exclusion lists or to any embargoed or terrorist countries as specified in the U.S. export laws. The parties will not use deliverables for prohibited nuclear, missile, or chemical biological weaponry end uses. Please consult the Bureau of Industry and Security web page www.bis.doc.gov before exporting Novell products from the U.S. Please refer to http://www.novell.com/company/legal/ for more information on exporting Novell software. Upon request, Novell will provide You specific information regarding applicable restrictions. However, Novell assumes no responsibility for Your failure to obtain any necessary export approvals.

U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June (1987), or DFARS 252.227-7013 (b) (3) (Nov 1995), or applicable successor clauses. Contractor/Manufacturer is Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.

Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(032009)

Novell is a registered trademark and Sentinel is a trademark of Novell, Inc. in the United States and other countries.

Attachment A

RSA Component

The Software contains technology of RSA Security, Inc., as such, the following additional provisions apply: Customer agrees not to remove, alter or destroy any proprietary, trademark or copyright notices placed upon or contained within the RSA software, user manuals or any related materials or documentation. Customer acquires no rights of any kind in or to any RSA trademark, trade name, logo or product designation under which the RSA software was or is marketed and will not make any use of the same for any reason.

THE RSA SOFTWARE AND TECHNOLOGIES LICENSED UNDER THIS AGREEMENT ARE SUBJECT TO UNITED STATES EXPORT CONTROL LAWS AND REGULATIONS WHICH RESTRICT EXPORTS, REEXPORTS AND DISCLOSURES TO FOREIGN PERSONS OF CRYPTOGRAPHIC ITEMS AND ARE ALSO SUBJECT TO CERTAIN FOREIGN LAWS WHICH MAY RESTRICT THE EXPORT, REEXPORT, IMPORT AND/OR USE OF SUCH ITEMS. PERFORMANCE OF THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY EXPORT LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS IMPOSED BY THE UNITED STATES OF AMERICA, OR BY ANY OTHER COUNTRY OR GOVERNMENTAL ENTITY ON THE RSA SOFTWARE, PRE-RELEASE SOFTWARE OR OF INFORMATION RELATING TO EITHER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, CUSTOMER WILL NOT IMPORT, EXPORT, OR REEXPORT, DIRECTLY OR INDIRECTLY, ANY RSA SOFTWARE OR PRE-RELEASE SOFTWARE OR INFORMATION PERTAINING THERETO TO ANY COUNTRY OR FOREIGN PERSON TO WHICH SUCH IMPORT, EXPORT, OR REEXPORT IS RESTRICTED OR PROHIBITED, OR AS TO WHICH SUCH COUNTRY, GOVERNMENT OR ANY AGENCY THEREOF REQUIRES AN EXPORT LICENSE OR OTHER GOVERNMENTAL APPROVAL AT THE TIME OF IMPORT, EXPORT, OR REEXPORT WITHOUT FIRST OBTAINING SUCH LICENSE OR APPROVAL. CUSTOMER UNCONDITIONALLY ACCEPTS FULL RESPONSIBILITY FOR CUSTOMER’S COMPLIANCE WITH THESE REQUIREMENTS.

Sun Component

Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your Customers to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any class file naming convention. The Sonic Software Corporation (“SSC”) Software includes the JMX™ Technology. JMX and all JMX based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.

IBM Component(s)

The Software contains IBM technology that is licensed to Customer “AS IS” without warranty of any kind, whether express or implied. Neither Novell, SSC nor IBM assume any liability for any claim that may arise regarding the use of such IBM technology. Some portions licensed from IBM are available at http://oss.software.ibm.com/icu4j/