--- Novell <[EMAIL PROTECTED]> wrote:
> Date: Tue, 13 Jan 2004 02:28:19 -0800
> From: "Novell" <[EMAIL PROTECTED]>
> Subject: SUSE LINUX Acquisition Final and New Novell Linux Indemnification 
> Launched
> To: [EMAIL PROTECTED]
> 

---------------------------------
                                                                                
                  
                                                    
January 13, 2004
        
Attention valued Novell Customers
        
We are proud to announce that Novell today completed its acquisition         of 
SUSE LINUX, a
combination that brings global technical support,         consulting and 
training services and
industry-leading networking and         security to Linux, and provides a 
compelling alternative
for companies         wishing to leverage the many benefits of open source. 
Novell now offers     
   a full range of enterprise solutions on the Linux platform, from the         
server to the
desktop. The closing of the $210 million cash deal also         opens the door 
for completion of
the $50 million investment of IBM in         Novell announced November 4.
        
Novell today also announced it will offer its SUSE LINUX Enterprise         
Server 8 customers a
new indemnification program designed to provide an         additional measure 
of protection
against certain intellectual property         challenges to Linux.
        
With today's closing of Novell's acquisition of SUSE LINUX and the         
addition of the SUSE
LINUX distribution to Novell's product offerings,         Novell is now unique 
among Linux vendors
in offering a full stack Linux         solution, providing global technical 
support for Linux,
and, through its         new Novell Linux Indemnification Program, giving 
enterprise customers    
    additional reassurance about deploying Linux in their organizations.
        
Linux and open source solutions have grown rapidly in recent years,         
moving from peripheral
uses into more business critical functions. As         enterprises consider 
making strategic
investments in Linux, they face         the question of indemnification, a 
standard component of
most         traditional proprietary software offerings but generally 
unavailable for        
Linux. Novell's Linux Indemnification Program will afford qualifying         
Novell Linux
customers a measure of protection against potential         copyright 
infringement claims.
        
Novell's Linux Indemnification Program
        Novell's indemnification program is designed for enterprise customers 
of         Linux.
Under the program:
                  
   Indemnification is offered for copyright           infringement claims made 
by third parties
against registered Novell           customers who obtain SUSE LINUX Enterprise 
Server 8 and who
after           January 13, 2004 obtain upgrade protection and a qualifying 
technical          
support contract from Novell or a participating Novell or SUSE LINUX           
channel partner.   
      
   Customers must accept the program terms and conditions including           
caps and other
limitations.        
        
Additional details on the program are available at               
http://www.novell.com/licensing/indemnity.
        
Novell's Unique Legal Rights
        Novell also made available today additional information on the unique   
      contractual
and intellectual property rights it holds because of its         position in 
the historical
ownership chain of UNIX and UnixWare. These         rights include:
                  
   Novell's rights to license UNIX           technology pursuant to a 
Technology License Agreement
between SCO and           Novell, including Novell's right to authorize its 
customers to use      
    that UNIX technology in their internal business operations.          
   Novell's rights to take action on behalf of SCO under legacy UNIX           
SVRX licenses
pursuant to the Asset Purchase Agreement between SCO and           Novell.      
    
   As previously confirmed by Novell, copyright registrations on UNIX           
SVRX releases,
consistent with Novell's position that it retained           ownership of these 
copyrights.       

        
Copies of relevant correspondence between Novell and SCO are         available 
at               
http://www.novell.com/licensing/indemnity/legal.html. The rights         
reflected in these
documents are part of the foundation for the         indemnification program 
Novell is announcing
today.
        
Special Program for Current Linux Users
        For those enterprise users of Linux who are not currently Novell SUSE   
      LINUX
customers, Novell will soon announce a special program whereby         they can 
become Novell SUSE
LINUX customers and participate in the         indemnification program.
        
We believe our new Linux indemnification program, supported by our         
unique legal rights,
will provide enterprise customers with one more         reason to include Linux 
in their
information technology plans.
        
 
        
Sincerely,
                
Jack Messman
        Chairman of the Board and Chief Executive Officer, Novell, Inc.         
                  
                                                                                
                  
                take action                                                     
                  
                                      
                       registration information          
                       Novell SUSE press release          
                       Novell Indemnification press release        
                                                                                
                  
             Novell                                                             
                  
                    1800 South Novell Place
        Provo, Utah 84606                                                       
                  
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linux user 59439

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