UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` ____________
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`UBISOFT, INC. AND SQUARE ENIX, INC.,
`Petitioners,
`
`v.
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`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
`Patent Owners.
`
`____________
`
`Case No. IPR2017-01290
`U.S. Patent No. 6,510,466
` ____________
`
`DECLARATION OF MARK C. LANG
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`IPR2017-01290
`Ubisoft EX1009 Page 1
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`

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`I, Mark C. Lang, declare as follows:
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`1.
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`I am an attorney with Erise IP, P.A., counsel for Petitioners in this
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`proceeding. I submit this declaration based on personal knowledge following a
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`reasonable investigation. If called upon as a witness, I could competently testify to
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`the truth of each statement herein.
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`2.
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`I personally downloaded the attached Exhibit A, which is a true and
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`correct copy of the Internet Archive’s website for the following URL: https://web-
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`beta.archive.org/web/19970606035750/www.novell.com/managewise/NAL/nalwp.
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`html. Exhibit A is identical to Petitioners’ EX1005.
`I have reviewed the “Frequently Asked Questions” page for the
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`3.
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`Internet Archive, which is available at https://archive.org/about/faqs.php. I have
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`personally used the Internet Archive’s Wayback Machine. Accordingly, I
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`understand that the Internet Archive (a.k.a., the Wayback Machine) is a website
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`that provides access to a digital library of Internet sites. The Wayback Machine
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`service allows users to search archived sites by URL (i.e., website address). If
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`archived records for a URL are available, the user is presented with a list of
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`available dates. The user may select one of the available dates, and then view an
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`archived version of the website for that date.
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`4.
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`I further understand that the Internet Archive assigns a URL on its site
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`to the archived files, which URL includes a numerical date and time reference
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`within the URL where the numbers represent [Year in yyyy][Month in mm][Day in
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`dd][Time code in hh:mm:ss].
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`5.
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`The URL, which appears as a footer on each of the pages of Exhibit
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`A, indicates that the URL depicted in Exhibit A was archived in the Internet
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`Archive on June 6, 1997 at 3:57:50 a.m.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Executed this 24th day of April 2017 at Overland Park, Kansas.
`
`/s/ Mark C. Lang
`Mark C. Lang
`Attorney for Petitioners
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`
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`IPR2017-01290
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`EXHIBIT A
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`EXHIBIT A
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`IPR2017-01290
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`Ubisoft EX1009 Page 4
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`IPR2017-01290
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`[Novell Application Launcher 2.0 - White Paper]
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`4/24/17, 10:57 AM
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`www.novell.com/managewise/NAL/nalwp.html
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`Go
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`2 captures
`6 Jun 1997 - 4 Sep 2002
`
`Novell Application Launcher 2.0
`Fast, Efficient Software Distribution and Application Deployment
`White Paper
`May, 1997
`INTRODUCTION
`
`In todays competitive environment, companies, schools, and organizations are seeking ways to cut costs and increase the efficiency of their
`operations. Increasingly, the expenses and complexities of managing distributed computing environments are coming under scrutiny.
`Recognizing that efficient software distribution and application management is critical to reducing your total cost of network ownership, you may
`be looking for a solution that enables you to make new and updated applications available to all of the users across your network. At the same
`time, you want a solution that brings these capabilities to existing desktops and servers, allowing your organization to retain and maximize
`existing investments.
`THE CHALLENGE OF ADMINISTERING DESKTOPS
`The software distribution process and on-going application administration can be a never-ending chore for IT staff. With employees using
`different desktops and software, and updated applications arriving ever more frequently, IT personnel can spend much of their time going from
`system to system to install new software or resolve problems that arise later. Their only alternative to manual installation has been to use
`complicated installation templates to distribute new software versions in a sweeping, wide-spread roll-out that is cumbersome, expensive, and
`slow to deploy. This "big; bang" approach doesnt address the on-going challenge of administering desktops -- especially in IS departments where
`resources, human and otherwise, are already stretched.
`The ideal solution would enable you to make critical applications available to your knowledge workers while providing you with the control you
`need to efficiently maintain the desktops in your organization. This solution also needs to work with your existing systems -- eliminating the
`expense of purchasing additional hardware, software, or training. It must be easy to administer, reduce down-time for the user, and eliminate or
`reduce time spent resolving application problems. In short, the ideal solution would reduce the cost of ownership beyond the distribution process.
`That solution is Novell Application Launcher.
`FAST, POWERFUL SOFTWARE DISTRIBUTION AND APPLICATION MANAGEMENT
`Novell Application Launcher: the next-generation solution
`Novell Application Launcher (NAL) 2.0 is next-generation application management technology. It is based on the philosophy of "just in time"
`application access, and software distribution which is on-demand, user-based, and tied to who the users are, what they need access to, and when
`they need access. NALs key value is two-fold:
`As an administrator, you create an application, an operating system upgrade, or even the files you want to distribute out to your user
`community once. Once youve created this application "object," you can fine-tune any registry settings or environmental variables. These
`become an intrinsic part of the application delivered and managed by NAL. Even the way users access the application -- how they install
`and run it, and where they run it from -- is totally controlled by you, dynamically and flexibly. These changes can occur even while the
`user is logged in and working. The responsibility for the entire installation and subsequent access of the application is shifted from the
`users back onto you, the administrator, letting you manage the whole process centrally from any PC located on the network that is running
`the administrative console.
`Your users are insulated from the complexities of the network environment. The applications they need are intrinsically linked to who
`they are, not how the PC is configured. Physical file movement, registry editing, install-related questions, even problems with the
`application that come up months later, are managed and handled by NAL. No matter where they log in as authenticated NDS-users, the
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`[Novell Application Launcher 2.0 - White Paper]
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`NAL-managed desktop will find them.
`Deploy applications quickly and easily using Novell Directory Services
`Novell Application Launcher combines users and applications in your IntranetWare or NetWare® 4 environment to provide simple to use, yet
`powerful software distribution and deployment of network-based applications. This directory-based solution brings together user administration
`tasks and application administration tasks into the single centralized Novell Directory Services (NDS ) management database. No longer do you
`need to maintain redundant information about your users and the applications they need in separate databases. With NDS and NAL, you have a
`global view of all of your resources, including applications. Associating applications with your users is now as simple as a few keystrokes and a
`mouse click. Deploying to an entire organization is no more difficult administratively than deploying to a single individual.
`Adding applications to the directory is a logical extension of the philosophy of a network directory service. Novell has delivered a solution that
`leverages the directory to greatly reduce the cost and hassle of deploying applications in your organization.
`WHY IS A GLOBAL DIRECTORY IMPORTANT FOR REDUCING THE TOTAL COST OF OWNERSHIP?
`Novell Directory Services is the most widely used directory service in the world. A core component of the IntranetWare and NetWare 4 platforms
`today, with additional support for Windows NT*, NDS serves as a universal directory service for organizing, accessing, authenticating and
`managing network information and resources. It melds every network user and resource into a truly cohesive system, eliminating redundant
`administrative tasks and providing users with secure anywhere, anytime access to business-critical information and applications. NDS insulates
`users from the complexity of the network, while providing administrators a much simpler way of providing resources to the user.
`Because it scales easily, NDS lets you administer and manage diverse systems from a central location, with a single login -- especially important
`in distributed environments. As networks continue to grow and add Internet access -- and network services span multiple platforms -- NDS
`provides a powerful way to automate management and ensure secure access to all network resources. By shielding users and support staff from
`network complexities, NDS greatly reduces your overall cost of network ownership.
`Managing your users and their applications from one central database
`Novell Application Launcher is built on NDS, letting you combine the power of managing users across your enterprise with application
`management. Simply put, Novell Application Launcher lets you harness the power of your network directory, using it to perform the physical
`distribution of software for not only the initial installation, but the process of managing the access of the application thereafter -- saving you
`countless hours in physical trips to your users on-site location or the calls they place to the help desk. Unlike many other competitive solutions
`that maintain application data in a separate database from user administration, NAL combines the two. Access and applications become one
`logical idea, reducing your support costs, thereby reducing your costs of ownership.
`Shifting the paradigm from the user to the administrator
`With Novell Application Launcher, you can increase your business productivity by putting the responsibility of "know-how" about installing and
`configuring applications back onto the administrator. "Freedom of choice" of applications for users doesnt mean that it has to be an additional
`burden for you. Use the Novell SnAPPShot tool to profile the application or configuration process (i.e. a de-install or registry cleanup). Next, use
`the administrative component of Novell Application Launcher, which is a snap-in for NetWare Administrator, to establish not only how you want
`to distribute the application, but more importantly how you want the application to be run from the users desktop. Associate the application to the
`users that need access to the application, and NAL, utilizing the directory, does the rest. Server independent, with NDS as the backbone, NAL
`delivers the applications to your users. This process saves you countless hours of time by letting you distribute software without visiting each PC
`and server on the network, greatly increasing your productivity. It also allows you to enforce simplified, standard desktops for your user
`community, reducing calls to your help desk. Because applications can be associated with groups, organizations, or even across the enterprise,
`users who are added later automatically gain access to network applications or software distribution packages already created.
`With this tool its easy to get the latest software to users, keeping them productive. You can even give Windows 95* and NT users the added
`flexibility of launching applications from the Windows Explorer window or the system tray in addition to the Novell Application Launcher
`window. Because network applications are managed through NDS, they're associated with user login IDs -- allowing them to "follow" users
`around the network. This means that no matter where they log in, users always see the same set of network applications -- whether theyre
`working at a branch office or roaming the campus.
`The hidden benefit behind all of this flexibility is your control over the NAL-managed desktop. Once youve set up how you want NAL to manage
`your applications, your users cannot permanently delete or destroy these applications. NAL will correct and repair file deletion, file corruption, or
`mistakes made to the registry, file settings, or any system files that are managed by NAL since this is an intrinsic part of the application you
`previously set up. This built-in "resiliency" results in tremendous cost savings to you. The true cost of ownership measurement is a reflection of
`supporting applications over the course of their deployment, not just their initial rollout. The NAL-managed desktop results in fewer calls to your
`support desk, which means less down-time for your users, less intervention required by your support staff, and more business productivity for
`your users.
`THE BENEFITS OF NOVELL APPLICATION LAUNCHER
`To review, Novell Application Launcher provides the following benefits to your organization:
`Simplifies Administration of Applications
`Novell Application Launchers administrative component uses the NetWare Administrator utility to let you create NDS-based application objects
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`[Novell Application Launcher 2.0 - White Paper]
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`4/24/17, 10:57 AM
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`that make up not only the application components, but key administrative access and environmental attributes as well. These application objects
`are associated with the users in your organization in the same network directory service where you maintain all of the information about your
`users. By eliminating redundancy, and by taking advantage of the flexible way NAL manages the application deployment process, your
`administration tasks are simplified. NAL is NDS-based, across your entire network, not server- or domain-based.
`Dynamically Updates User Desktops
`Novell Application Launcher allows you to assign applications to individual users, groups, or across your entire organization. NAL-managed
`applications are delivered to Windows desktops dynamically, and any changes are refreshed automatically. Other solutions that employ a "big
`bang" approach (for example, sending applications out once at 9:00 am Monday) cannot handle user administrative changes automatically. With
`NAL, you can associate an application with a group of users. New users added at a later time to the group automatically receive access to the
`same applications. When you need to make changes to an application, after youve completed the change and youve earmarked the application for
`immediate availability, all current and future group members gain automatic access to their assigned desktop configurations.
`Simplifies User Access to Applications
`Novell Application Launcher presents users with NAL-managed applications that are pre-configured by the administrator. Regardless of what PC
`they use, or where they log onto the network from, their view of NAL-managed applications remains the same. Novell Application Launcher and
`NDS do the rest, automatically taking care of drive mappings, environmental issues, physical file movement, and scheduling. NAL also resolves
`many of the problems that users might run into later with any configuration errors, problems with PC configurations, and more. Users cannot
`permanently delete or damage NAL-managed applications, further reducing support calls.
`Dramatically Reduces the Cost of Setting Up Applications for Distribution
`Instead of letting software distribution consume the work week, Novell Application Launcher is simple and straightforward to use. Its GUI-based
`functionality eliminates the need to purchase expensive, dedicated hardware or additional tools such as MS-Visual Test* -- as well as the tedious
`task of writing scripts. With the additional SnAPPShot tool provided to capture all of the characteristics of the software package being installed,
`you will be ready to distribute an application in a much shorter time than comparable solutions.
`Manages applications and data in intranets and across the Internet
`Novell Application Launcher leverages existing and emerging Internet technologies to let you distribute, track and update software and data. And
`as native NDS support expands to include all popular computing environments, Novell Application Launcher will enable hassle-free distribution
`of applications over the Internet to any location with NDS-enabled clients.
`Provides location independence for network applications
`Because applications delivered through NDS are associated with a users network login ID, they follow the user around the network. Regardless of
`the login location, the user always sees the same set of network applications. This ensures users working from multiple locations or various
`workstations always have a consistent set of network applications. This also allows for easy configuration and replacement of workstations --
`dramatically reducing the time and cost of administering network resources.
`Offers efficient outsourcing of network administration
`Many small businesses dont employ a full-time network administrator, while some larger companies are seeking to reduce costs by outsourcing
`help desk services. Using ManageWise®, Novells end-to-end management solution, and Novell Application Launcher, a service provider can fix
`network problems remotely before they disrupt your operations. Your provider can also quickly install software updates and fixes remotely,
`saving you time and money.
`Built on a scalable architecture that grows with your needs
`Like IntranetWare, Novell software distribution products and management solutions scale to handle any size LAN, WAN or enterprise intranet.
`With the next version of Novell Application Launcher, you will be able to add additional distribution servers as easily as you add clients today. In
`addition, multithreading capabilities will enable you to send software to many more servers for quicker distribution.
`Provides complete security and control of applications
`Novell Application Launcher leverages NDS to for full authentication and access rights that you easily define. In addition, ManageWise provides
`an accurate accounting picture through automatic software inventory across the enterprise. Lastly, NDS and other NetWare security controls are
`always in place to prevent unauthorized access to the network or to individual applications.
`FLEXIBLE DISTRIBUTION METHODS GIVE YOU A CHOICE
`With Novell Application Launcher, you can make applications available through two different methods. You can install applications on each
`user's hard drive, and/or install them as shared applications on the network.
`The first method, automated software distribution, gives you the option of "pulling" or "pushing" software updates to desktops. Pull distribution
`lets you "surface" an application icon on the users desktop. Clicking the icon either launches a network application, which resides on a server, or
`runs an install program, placing (or updating) the application on the users hard drive before launching it. Push distribution automatically loads
`applications onto target desktops without user intervention. This is useful for distributing critical software that needs to reside on desktops, such
`as operating system and network client updates, as well as E-mail and custom business applications.
`The second method allows you to maintain network-based applications for shared use on the network. To launch a desired application, users
`simply click on an icon on their desktop. Network-based applications are available to users through their network login ID. This lets users access
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`[Novell Application Launcher 2.0 - White Paper]
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`4/24/17, 10:57 AM
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`their familiar, standard set of applications no matter where they are working.
`THE ROAD AHEAD
`Novells next generation solution will become available in three phases, each adding enhanced capabilities to make your life easier:
`Phase One: Current -- Novell Application Launcher 2.0 delivers advanced server-to-client software distribution and application
`management.
`Phase Two: Early 98 -- New versions of Novell Application Launcher will add scalable server-to-server software distribution.
`Phase Three: 98 and beyond -- Novell Application Launcher will work on any implementation of NDS released by Novell on all major
`operating systems. Coupled with Lightweight Directory Access Protocol (LDAP) compliance, this could provide directory-enabled
`distribution of software and data across the Internet.
`Phase One: Distributing applications from servers to clients
`Besides delivering full software distribution and deployment of network-based applications in the first part of 97, Novell Application Launcher
`provides several advanced capabilities. Key administrative functions include:
`Scheduled delivery: Administrators can schedule software distribution for off-peak hours. Systems that aren't turned on at night will load
`software upon booting up the following morning.
`The ability to modify registries and .INI files -- enabling distribution to a wide variety of client configurations, including NT clients and
`servers
`Adding or removing icons from start-up menus, system tray, or Windows 95 Explorer
`Adding or deleting icons from desktop folders
`Employing distribution templates created with SnAPPShot or created manually with NW Admin
`Resiliency and self-healing application repair on the desktop through launching and verify features
`Phase Two: Scalable server-to-server distribution
`In early 98, Phase Two of Novell Application Launcher will deliver support for distributed multiserver systems. Server-to-server distribution will
`allow administrators to distribute applications to far-reaching end points -- whether they are other servers or clients. Distributions will cross WAN
`links only once, then fan out in an N-tiered fashion through as many levels of servers as needed -- substantially reducing traffic across WANs.
`The distribution process will be virtually the same as in the server-to-client model, again using NDS to automate the entire procedure. NDS will
`determine the distribution sequence to route software to appropriate servers or desktops. Administrators will still have the option to review this
`path and modify it if they desire. This automated process will work on any network with native NDS support.
`Phase Three: Novell Application Launcher and the Internet
`Because Novell Application Launcher is tightly integrated with NDS, it will also offer software distribution to any environment with native NDS
`support, including LDAP implementations that support NDS. NDS is already available on IntranetWare and NetWare, Santa Cruz Operations
`UnixWare* and SunSoft Solaris*. It will be available on Microsoft Windows NT Server in mid-1997. It is also planned for Hewlett-Packards HP-
`UX* and other UNIX* operating systems.
`When combined with re cent developments such as Novell Border Services, Novell Application Launcher opens exciting software and data
`distribution possibilities for secure electronic commerce.
`CONCLUSION
`Implementing a software distribution strategy will significantly increase your organizations productivity while greatly reducing your total cost of
`network ownership. To fully automate application distribution and efficiently administer desktops across your entire network, the solution you
`choose should be simple to use, reliable and integrated with a secure, global directory. You should also consider the costs of supporting those
`applications beyond the distribution process itself. Novell Application Launcher is a complete software distribution product available today that
`brings together user administration and applications for system-wide management from a central network directory.
`Of course, when you choose Novell, you get much more than specific products. You get business-class solutions from the world leader in
`networking that not only help you run your company today, but grow in value to meet your future needs. Our solutions let you integrate Windows
`NT into your IntranetWare and NetWare networks, helping you maximize all of your investments. And because our products are Internet-ready,
`they position you to take full advantage of the Internet as new services become available. For powerful solutions to run your business, count on
`Novell.
`For a roadmap of Novells Solutions, please visit http://www.novell.com on the World Wide Web. To learn more about the capabilities that future
`versions of Novell Application Launcher will provide, please visit the ManageWise home page at http://www.novell.com/managewise/.
`
`Novell, ManageWise and NetWare are registered trademarks; and IntranetWare, NetWare 4, Novell Application Launcher, Novell Directory
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`[Novell Application Launcher 2.0 - White Paper]
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`Services, NDS, NAL and SnAPPShot are trademarks of Novell, Inc. WordPerfect is a registered trademark of Corel Corporation Limited. HP-UX
`is a registered trademark of Hewlett-Packard Company. Internet Information Server, Windows 95 and MS-Visual Test are trademarks and
`Windows and Windows NT are registered trademarks of Microsoft Corporation. Solaris is a registered trademark of Sun Microsystems, Inc.
`UnixWare is a registered trademark of The Santa Cruz Operation, Inc. UNIX is a registered trademark of X/Open Company, Ltd.
`All other third-party trademarks that are not specifically attributed are the property of their companies.
`
`[Novell Homepage | ManageWise Homepage | Feedback | New | Search | Site Map | Copyright ©1997 Novell, Inc. ]
`
`Last Updated: Fri May 16 18:21:48 MDT 1997 By: MPD_Webmaster@novell.com
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