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213 lines
11 KiB
Plaintext
213 lines
11 KiB
Plaintext
Please note: this document may contain more than one Proxmox end user
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license agreement and one or more third party end user license
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agreements. By indicating your acceptance, you are agreeing to the
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terms and conditions of all these agreements.
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Proxmox Software License Agreement
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Please read this agreement carefully. By installing or otherwise using
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the software (including its components), you agree to the terms of
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this agreement. If you do not agree with these terms, do not download,
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install or use the software. The software may not be sold,
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transferred, of further distributed without prior written
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authorization from Proxmox.
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Rights and Licenses
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This Proxmox Software License Agreement ("Agreement") is a legal
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agreement between you (an entity or a person) and Proxmox Server
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Solutions GmbH ("Proxmox") with respect to the software product
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identified in the title of this Agreement, media (if any) and
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accompanying documentation (collectively the "Software").
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The Software is a collective work of Proxmox. You must acquire a
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license for each installation of the Software and for each additional
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copy (or partial copy) of the Software stored or loaded in memory or
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virtual memory beyond the initial copy necessary for execution of the
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Software installed on the hardware.
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The Software is a modular operating system. Most of the components are
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open source packages, developed independently, and accompanied by
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separate license terms. Your license rights with respect to individual
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components accompanied by separate license terms are defined by those
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terms; nothing in this Agreement shall restrict, limit, or otherwise
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affect any rights or obligations you may have, or conditions to which
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you may be subject, under such license terms.
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While the license terms for a component may authorize you to
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distribute the component, you may not use any Proxmox marks in
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distributing the component, whether or not the component contains
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Proxmox marks.
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Other license terms and restrictions
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The Software is protected by the copyright laws and treaties of
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Austria and other countries and is subject to the terms of this
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Agreement. The Software is licensed to you, not sold.
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The Software may be bundled with other software programs ("Bundled
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Programs"). Your license rights with respect to Bundled Programs
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accompanied by separate license terms are defined by those terms;
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nothing in this Agreement shall restrict, limit, or otherwise affect
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any rights or obligations you may have, or conditions to which you may
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be subject, under such license terms.
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Proxmox reserves all rights not expressly granted to you. You may not:
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(1) reverse engineer, decompile, or disassemble the Software except
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and only to the extent it is expressly permitted by applicable law or
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the license terms accompanying a component of the Software; or (2)
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transfer the Software or your license rights under this Agreement, in
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whole or in part.
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Maintenance and support
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Your rights with respect to updates, patches, or other materials
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received under a subscription to a Proxmox maintenance program for the
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Software are defined by the relevant maintenance program terms.
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Proxmox has no obligation under this Agreement to provide maintenance
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or support for the Software. Depending on how you acquired the
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Software, you may have also acquired a maintenance subscription for
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the Software. For more information on Proxmox<6F>s current maintenance
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and support offerings, see http://www.proxmox.com.
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Ownership rights
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No title to or ownership of the Software is transferred to
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you. Proxmox and/or its licensors owns and retains all title and
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ownership of all intellectual property rights in the Software,
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including any adaptations or copies. You acquire only a license to use
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the Software.
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Warranty
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The Software is being delivered to you "as is" and Proxmox makes no
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warranty as to its use or performance. Proxmox and its suppliers do
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not and cannot warrant the performance or results you may obtain by
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using the software. Except for any warranty, condition, representation
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or term to the extent to which the same cannot or may not be excluded
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or limited by law applicable to you in your jurisdiction, Proxmox and
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its suppliers make no warranties conditions, representations, or terms
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(express or implied whether by statute, common law, custom, usage or
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otherwise) as to any matter including without limitation
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non-infringement of third party rights, merchantability, integration,
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satisfactory quality, or fitness for any particular purpose.
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The software is not designed, manufactured or intended for use or
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distribution with on- line control equipment in hazardous environments
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requiring fail-safe performance, such as in the operation of nuclear
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facilities, aircraft navigation, communication, or control systems, or
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other uses in which failure of the software could lead directly to
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death, personal injury, or severe physical or environmental damage.
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The software is only compatible with certain computers and operating
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systems. The software is not warranted for non-compatible
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systems. Call Proxmox or your dealer for information about
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compatibility.
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Non-Proxmox Products. The Software may include or be bundled with
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hardware or other software programs licensed or sold by a licensor
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other than Proxmox. Proxmox does not warrant non-Proxmox products. Any
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such products are provided on an "as is" basis. Any warranty service
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for Proxmox products is provided by the product licensor in accordance
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with the applicable licensor warranty.
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Expect as otherwise restricted by law, Proxmox disclaims and excludes
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any and all implied warranties including any warranties of
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merchantability, title, non-infringement, or fitness for a particular
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purpose. Proxmox makes no warranty, representation or promise not
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expressly set forth in this limited warranty. Proxmox does not warrant
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that the software will satisfy your requirements or that the operation
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of the software will be uninterrupted. Some jurisdictions do not allow
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certain disclaimers and limitations of warranties, so portions of the
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above limitations may not apply to you. This limited warranty gives
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you specific rights and you may also have other rights which vary from
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state to state.
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Limitation of liability
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In no event will Proxmox or its suppliers be liable for any loss of
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data, loss of income, loss of opportunity or profits, cost of recovery
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or any other special, incidental, consequential or indirect damages
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arising out of or in connection with this agreement, or the use of the
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software, reference materials or accompanying documentation, however
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caused and on any theory of liability. This limitation will apply even
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if Proxmox, its suppliers or authorized distributors have been advised
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of the possibility of such damage. In no event shall the liability of
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Proxmox exceed the amount paid for the licensed software at issue. You
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acknowledge that the license fee reflects this allocation of risk.
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Some jurisdictions do not allow the limitation or exclusion of
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liability for incidental or consequential damages, so the above
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limitation or exclusion may not apply to you.
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General terms
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Term. This Agreement becomes effective on the date you legally acquire
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the Software and will automatically terminate if you breach any of its
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terms. Upon termination of this Agreement, you must destroy the
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original and all copies of the Software or return them to Proxmox and
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delete the Software from your systems.
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Benchmark Testing. This benchmark testing restriction applies to you
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if you are a software vendor or if you are performing testing on the
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Software at the direction of or on behalf of a software vendor. You
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may not, without Proxmox's prior written consent not to be
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unreasonably withheld, publish or disclose to any third party the
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results of any benchmark test of the Software. If you are a vendor of
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products that are functionally similar to or compete with the Software
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("Similar Products"), or are acting on behalf of such a vendor, and
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you publish or disclose benchmark information on the Software in
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violation of this restriction, then notwithstanding anything to the
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contrary in the Similar Product's end user license agreement, and in
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addition to any other remedies Proxmox may have, Proxmox shall have
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the right to perform benchmark testing on Similar Products and to
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disclose and publish that benchmark information and you hereby
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represent that you have authority to grant such right to Proxmox.
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Transfer. This Agreement may not be transferred or assigned without
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the prior written approval of Proxmox.
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Law and Jurisdiction. This Agreement is governed by the laws of
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Austria, Europe. Any action at law relating to this Agreement may only
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be brought before the courts of competent jurisdiction of Austria.
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Entire Agreement. This Agreement and the Upgrade/Additive Agreement
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(if applicable) sets forth the entire understanding and agreement
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between you and Proxmox and may be amended only in a writing signed by
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both parties. No licensor, distributor, dealer, retailer, reseller,
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sales person, or employee is authorized to modify this agreement or to
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make any representation or promise that is different from, or in
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addition to, the terms of this agreement.
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Waiver. No waiver of any right under this Agreement will be effective
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unless in writing, signed by a duly authorized representative of the
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party to be bound. No waiver of any past or present right arising from
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any breach or failure to perform will be deemed to be a waiver of any
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future right arising under this Agreement.
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Severability. If any provision in this Agreement is invalid or
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unenforceable, that provision will be construed, limited, modified or,
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if necessary, severed, to the extent necessary, to eliminate its
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invalidity or unenforceability, and the other provisions of this
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Agreement will remain unaffected.
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Export Compliance. Any person or entity exporting or re-exporting
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Proxmox products directly or indirectly and via any means, including
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electronic transfer, is wholly responsible for doing so in accordance
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with the Austrian Export Administration Regulations and the laws of
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host countries. Proxmox assumes no responsibility or liability for
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your failure to obtain any necessary export approvals. Approvals are
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dependent upon an item's technical characteristics, the destination,
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end-use and end-user, as well as other activities of the end user.
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Specifically, no Proxmox product may be exported to embargoed or
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otherwise restricted countries or end users. Please consult the Bureau
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of Industry and Security web page and other sources before exporting
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Proxmox products and familiarize yourself with the laws of destination
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countries before re-exporting Proxmox products. This provision shall
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survive the expiration or earlier termination of this Agreement.
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Other. The application of the United Nations Convention of Contracts
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for the International Sale of Goods is expressly excluded.
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(c) 2011 Proxmox Server Solutions GmbH, All Rights Reserved.
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