This is a legal agreement ("Agreement") between you, the user, and Dell Products L.P or Dell Global B.V. ("Dell"). This Agreement covers all software that is distributed with or for the Dell product (and upgrades and updates thereto), for which there is no separate license agreement between you and the manufacturer or owner of the software (collectively the "Software"). This Agreement is not for the sale of Software or any other intellectual property. All title and intellectual property rights in and to Software is owned by the manufacturer or owner of the Software. All rights not expressly granted under this Agreement are reserved by the manufacturer or owner of the Software. By opening or breaking the seal on the Software packet(s), installing or downloading the Software, or using the Software that has been preloaded or is embedded in your product, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, promptly return all Software items (media, written materials, and packaging) and delete any preloaded or embedded Software.
You may use one copy of the Software on only one Dell computer or device at a time. If you have multiple licenses for the Software, you may use as many copies at any time as you have licenses. "Use" means loading the Software in temporary memory or permanent storage on the computer or device. Installation on a network server solely for distribution to other computers or devices is not "use" if (but only if) you have a separate license for each computer or device to which the Software is distributed. You must ensure that the number of persons using the Software installed on a network server does not exceed the number of licenses that you have. If the number of users of Software installed on a network server will exceed the number of licenses, you must purchase additional licenses until the number of licenses equals the number of users before allowing additional users to use the Software. If you are a commercial customer of Dell or a Dell affiliate, you hereby grant Dell, or an agent selected by Dell, the right to perform an audit of your use of the Software during normal business hours, you agree to cooperate with Dell in such audit, and you agree to provide Dell with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the terms of this Agreement.
The Software is protected by United States and other applicable copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk or storage device provided you keep the copy solely for backup or archival purposes. You shall reproduce and include copyright and other proprietary notices on and in any copies for the Software. You may not sublicense, rent or lease the Software or copy the written materials accompanying the Software, but you may transfer the Software and all accompanying materials on a permanent basis as part of a sale or transfer of the Dell product if you retain no copies and the recipient agrees to the terms hereof. Any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile or disassemble, modify or create derivative works of the Software. If the package accompanying your computer or device contains optical discs, or other storage media, you may use only the media appropriate for your computer or device. You may not use the optical discs or storage media on another computer,device or network, or loan, rent, lease, or transfer them to another user except as permitted by this Agreement.
Dell warrants that the Software media will be free from defects in materials and workmanship under normal use for 90 days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to 90 days from the date you receive the Software. Some jurisdictions do not allow limits on the duration of an implied warranty, so this limitation may not apply to you. The entire liability of Dell and its suppliers, and your exclusive remedy, shall be, at Dell's option, either (a) termination of this Agreement and return of the price paid for the Software or (b) replacement of any media not meeting this warranty that is sent with a return authorization number to Dell, within the 90 day warranty period, at your cost and risk. This limited warranty is void if any media damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Dell. Any replacement media is warranted for the remaining original warranty period or 30 days, whichever is longer.
Dell and its suppliers do NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software to achieve your intended results and for the use and results obtained from the Software.
DELL, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT, FOR THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OPEN SOURCE SOFTWARE
A portion of the Software may contain or consist of open source software, which you can use under the terms and conditions of the specific license under which the open source software is distributed.
THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS,IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTUTUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The software and documentation are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer is Dell Products L.P., One Dell Way, Round Rock, Texas 78682.
This license is effective until terminated. It will terminate upon the conditions set forth above or if you fail to comply with any of its terms. Upon termination, you agree that the Software and accompanying materials, and all copies thereof, will be destroyed. This Agreement is governed by the laws of the State of Texas, without regard to principles of conflicts of laws. Each provision of this Agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions of this Agreement. This Agreement is binding on successors and assigns. Dell agrees and you agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to the Software or this Agreement. Because this waiver may not be effective in some jurisdictions, this waiver may not apply to you. You acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms, and that this is the complete and exclusive statement of the Agreement between you and Dell regarding the Software.
SUPPLEMENTAL TERMS FOR EMC SOFTWARE
You may use one copy of the Software on only one computer or device at a time for your own internal business purposes. You shall not, without Dell's prior written consent copy, provide, disclose or otherwise make available Software in any form to anyone other than your employees, consultants or independent contractors who shall use the Software in a manner that is consistent with this Agreement.
Notwithstanding anything to the contrary in the Agreement, licenses to Software are non-exclusive, non-transferable and non-sub licensable and subject to the restriction that the Software be used solely in conjunction with the equipment (storage system or switch/hub) or related central processing unit for which it was licensed.