Legal & Export - Terms of Use

Terms of Use:

SUSE® ("SUSE", "we" or "our") makes available information, materials, and products on this Website and other related websites from our affiliates and subsidiaries (“Website” or “site”), subject to the following terms. By accessing or continuing to use this site or downloading or otherwise using any of the materials published on or made available for download from this Website, you agree to these Website terms and to the SUSE Privacy and Cookie policies which by these references are hereby expressly incorporated into these Website terms. If you do not agree to these terms of use, please refrain from using this Website.

Any rights not expressly granted herein are reserved by SUSE. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, it shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. SUSE reserves the right to change these terms from time to time at its sole discretion and without notice. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on this Website.

Use of Software:

Without pre-empting open source licensing terms, any software and accompanying documentation that is made available to download from this Website is the proprietary and copyright work of SUSE and/or its suppliers. Use of the software is governed by the terms of the end user license agreement which accompanies or is included with such software and any agreement regarding SUSE’s subscription and maintenance services. You are not granted any rights to download, install or use any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement, whether presented to you before or after download.

In the event software is provided without an end user license agreement, you may use the software solely for your personal, informational, non-commercial purposes. Such software may not be modified or redistributed.

If the software is a patch, service pack, module, adapter, or other update applicable to prior software you have licensed from SUSE ("Prior Software") and is not accompanied by its own end user license agreement, then you may only use it with the Prior Software subject to the end user license agreement that accompanied the Prior Software and provided that SUSE has authorized you to use it pursuant to a maintenance, subscription or other offering.

You are not authorized to download the Software if such download would violate any of the government export regulations described below. Any Software download on behalf of any agency or department of the United States Government is subject to "U.S. Government Rights" terms, as described below.

Links to Third-Party Websites:

This Website contains links to third-party Websites, which are not under the control of SUSE. SUSE makes no representations whatsoever about any Websites to which you may have access through this Website. When you access a non-SUSE Website, you do so at your own risk and SUSE is not responsible for the nature, quality, accuracy or reliability of any information, data, opinions, advice or statements made on these sites. SUSE expressly disclaims any potential liability associated with any such information and such information is not incorporated by reference into this Website. SUSE provides these links merely as a convenience and the inclusion of such links does not imply that SUSE or its management endorses or accepts any responsibility for the content or uses of such Websites. By clicking on any of the hyperlinks to third-party Websites on this website, you acknowledge and agree to the foregoing limitations.

You may not use any of our proprietary logos, trademarks, or other distinctive graphics, video, or audio material in your links, and you may not link in any manner reasonably likely to (i) imply affiliation with us or endorsement or sponsorship by us without our express written consent, (ii) cause confusion, mistake, or deception, (iii) dilute our trademarks, service marks, or trade names, or (iv) otherwise breach applicable law.

Use of Website Materials:

Without pre-empting open source licensing terms, all content, data, ideas, comments, feedback, suggestions, expression of ideas or other materials on this Website including software, code and accompanying documentation (any or all of the foregoing being "Materials") are protected by copyright trade dress and other laws. Except as specifically permitted herein, no Materials on this Website may be reproduced in any form or by any means without express prior written permission from SUSE.

All rights, title and interest not expressly granted are reserved. Use for any purpose other than as expressly authorized by us is expressly prohibited by law.

SUSE does not guarantee continuous or secure access to this Website and the operation of this Website may be interfered with by numerous factors outside of its control. SUSE is not responsible for any loss or damage caused by the temporary interruption of this Website due to faults or circumstances outside of its control including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party's access line or any event of force majeure.

You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to any SUSE site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable laws and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RSS Feeds:

SUSE provides any RSS feeds as a free service and for personal, non-commercial use only, and subject to these Website terms. SUSE reserves the right to discontinue any such service at any time and further reserves the right to request the immediate cessation of any specific use of its RSS service.

Blogs, Bulletin Boards, Forums, Feedback and Other Content:

SUSE does not monitor, pre-screen, verify or edit the contents of its blogs, bulletin boards, forums or similar areas on this Website through which any content may be uploaded, posted or otherwise provided to the Website (collectively, “Forums”) and is not responsible for any messages or other content posted therein. SUSE makes no representation or warranty as to the nature, quality, reliability, accuracy, completeness or usefulness of the content of any Forum. Each message expresses the view of its author, and not necessarily the views of any entity associated with SUSE and is not adopted, approved or endorsed by SUSE. Any user who finds a posted message to be objectionable is encouraged to contact SUSE as directed below. SUSE reserves the right, but does not undertake the obligation, to delete, modify or otherwise restrict access to or restrict the availability of content which SUSE, in its sole discretion, considers to violate these terms or which is otherwise inappropriate, harmful, objectionable, or inaccurate.

If you post, upload or otherwise provide Materials to, in or through a Forum, you grant to SUSE and, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees (“SUSE Entities”) a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of SUSE Entities or their designees in any and all media now or hereafter known.

Save to the extent that any Materials may include personal data (which will be processed in accordance with our Privacy and Cookie Policies) any non-personal information or material sent to SUSE will not be deemed to be confidential. We will not release your name or otherwise publicize the fact that you submitted Materials to us unless: (a) you grant us permission to do so; (b) we first notify you that the relevant Materials will be published or otherwise used with your name on it; or (c) we are required to do so by law.

This license shall also permit SUSE Entities to use portions of the Materials you submit, to rerecord or modify any audio tracks or visual images you provide, to rewrite any Materials you submit, and/or to combine other materials, either created by SUSE Entities or third parties, with the Materials you submit. Any such works shall be deemed Materials owned by SUSE and shall not be subject to your approval or payment by SUSE of any compensation to you. You agree that the Materials you submit: (a) are original with you and accurate, and (b) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right. By making a submission of Materials, you acknowledge and agree that SUSE Entities may create on their own or obtain many submissions that may be similar or identical to the Materials you submit through a Forum or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials submitted to a Forum or otherwise accepted, reviewed and/or used by SUSE Entities may be similar to your Materials or constitute and infringement or misappropriation of your intellectual property rights.

Rules of Conduct for Forums:

By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:

Is not consistent with the permissible uses set out in these Website terms, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by SUSE in its sole discretion;
Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
Provides any non-public information about SUSE or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of SUSE employees and Forum participants;
Intentionally interferes with the operation of the Forum or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
Impersonates any person or entity, including a SUSE employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
Attacks or insults another Forum user or administrator / moderator;
Violates any law, rule or regulation.

SUSE expressly reserves the right to terminate a user's access to a bulletin board at any time, for any reason. You remain solely responsible for the content of your messages, and you hereby indemnify, release and hold harmless SUSE Entities with respect to any claims, damages, costs, losses, liabilities, fines, penalties, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Materials you submit, post, transmit or make available on or through a Forum (including any private messages), the use of such Materials for any purpose, your use of a Form, your breach of these Website terms, or the violation by you or the SUSE Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

Warranties and Disclaimers:

Except as expressly provided otherwise in an agreement between you and SUSE, all information, materials and software on this website is provided "as is" without any other warranties or conditions, express or implied, including, but not limited to, the warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing.

SUSE assumes no responsibility for errors or omissions in the information, materials or software which are referenced by or linked to this website. References to any other corporations, their services and products are provided "as is" without warranty of any kind, either express or implied.

In no event shall SUSE or any SUSE entities be liable for any special, incidental, indirect or consequential losses or damages of any kind, or any other losses or damages of any nature whatsoever, including, without limitation, those resulting from loss of use, data, business, opportunity or profits, whether or not advised of the possibility of loss or damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information contained in this website, and these changes will be incorporated in new editions of this website. SUSE may make improvements and/or changes in the product(s) and/or the program(s) described in this website at any time.

This Website can be accessed from other countries around the world and may contain references to SUSE products, services and programs that have not been announced in your country. These references do not imply that SUSE intends to announce such products, services or programs in your country.

Forward–Looking Statements Disclaimer:

Certain statements contained on this Website may now, or hereafter from time to time, constitute “forward-looking statements”. All statements other than statements of historical facts included on this Website, including, without limitation, those regarding SUSE’s financial condition, business strategy, plans and objectives, are forward-looking statements. These forward-looking statements can be identified by the use of forward-looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. Such forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the actual results, performance or achievements of SUSE, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such forward-looking statements are based on numerous assumptions regarding SUSE’s present and future business strategies and the environment in which it will operate in the future. Such risks, uncertainties and other factors include, among others: the level of expenditure committed to development and deployment applications by information technology organizations; the degree to which information technology organizations adopt web enabled services; the rate at which large organizations migrate applications from the main frame environment; the continued use and necessity of the main frame for business critical applications; the degree of competition faced by SUSE; growth in the information technology services market, general economic and business conditions in any country in or with which SUSE conducts business, changes in technology, competition and ability to attract and retain personnel.

Except as required by law, SUSE does not undertake any obligation to update or revise publicly any forward-looking statement, whether as a result of new information, future events or otherwise. SUSE expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement contained herein to reflect any change in the its expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based.

Export Control Laws:

Software and Materials available on this Website are subject to statutes, orders or regulations which impose embargoes or control the export of goods, technology, software, supplies and services, including weapons of mass destruction and arms, military, paramilitary and security equipment and dual-use items (items designed for civil use but which can be used for military purposes) and certain drugs and chemicals ("export controls"). No software or Materials from this Website may be downloaded or otherwise exported or re-exported in breach of the export controls of the US Government or the UK Government and, without prejudice to the generality of the foregoing, no software or Materials from this Website may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed or restricted goods or services; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders; or (3) by or to anyone whose export privileges has been suspended, revoked or denied, in whole or in part, by the Bureau of Export Administration of the U.S. Commerce Department or any other U.S. Government entity or agency; or (4) in breach of the UK's Export Control Order 2008 (as amended); or (5) for use in the design, development or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use.

By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not access, download, use or export the information, software, products or services contained on this Website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

U.S. Government Rights:

With respect to any acquisition of any product or publication (together referred to as "Product") by or for any unit or agency of the United States Government or its prime contractor or subcontractor at any tier (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by the DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than the DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is SUSE, One Irvington Centre, 700 King Farm Boulevard, Suite 400, Rockville, MD 20850-5736.

Governing Law; Jurisdiction:

This Website (excluding linked sites) is controlled by SUSE from its offices in Germany. You and SUSE agree that these Website terms and all matters relating to your access to or use of this Website shall be governed by and construed in accordance with English law, without regard to the conflicts of laws principles thereof.

SUSE does not restrict your access to this Website based on your geographic location and accordingly you access this Website on your own initiative and you are responsible for compliance with all applicable local laws.

You and SUSE agree, for the sole benefit of SUSE, that all legal proceedings in connection with the enforcement, construction, interpretation, breach or violation of these Website terms shall be submitted to the exclusive jurisdiction of the courts of England and Wales and that jurisdiction and venue are proper in such courts, provided that nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction.

PCI Security Standards Council:

Some SUSE products contain portions or all of the text of the PCI DSS v3.0 standards and content from the PCI Security Standards Council–Copyright © 2006–2015 PCI Security Standards Council, LLC. All rights reserved. https://www.pcisecuritystandards.org

Trademark Information:

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of SUSE or other third parties. You are not permitted to use the Marks without the prior written consent of SUSE or such third party which may own the Marks. "SUSE" and the SUSE logo are trademarks of SUSE LLC or its subsidiaries or affiliates.

All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.

Registered Trademarks:

openSUSE
openSUSE logo
SUSE
SUSE logo
YAST
APPARMOR
Chameleon mark

Trademarks:

AutoBuild
SUSE Studio
SUSECON
We adapt. You succeed.

Certification-Related Notices:

This Website may reference certifications earned by SUSE products as the result of formal testing procedures based on third party testing criteria, and may display associated certification logos. In no case shall any such certification claim or logo display be construed to confer any warranty of any kind from any third party.

The Cisco Systems, Inc. Cisco Compatible logo signifies that SUSE’s product has undergone interoperability testing by SUSE together with Cisco and/or a third party test-house based on testing criteria set by Cisco. SUSE is solely responsible for the support and warranty of its product, and Cisco makes no warranties, express or implied, with respect to that product or its interoperation with the listed Cisco product(s) and disclaims any implied warranties of merchantability, fitness for a particular use or against infringement.

Some SUSE products claim compliance to Federal Information Processing Standard (FIPS) 140-2 by using one or more cryptographic components from vendors such as Microsoft and the Open Source Software Institute. A complete list of FIPS-validated components is located here. Windows FIPS-validated algorithms used in some products were tested when the FIPS mode bit was set. While the cryptographic components have valid certificates at the time of product release, it is the user's responsibility to review the validated product list to confirm that the component is still on the list.