This is a legal agreement between you, the user, and Dell Products, L.P ("Dell"). This agreement covers all software that is distributed with the Dell computer, for which there is no separate license agreement between you and the manufacturer or owner of the software (collectively 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 computer, you agree to be bound by the terms of this agreement. If you do not agree to these terms, promptly return all Software items (disks, written materials, and packaging) and delete any preloaded or embedded Software.
You may use one copy of the Software on only one computer 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. Installation on a network server solely for distribution to other computers is not "use" if (but only if) you have a separate license for each computer 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 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 provided you keep the original solely for backup or archival purposes. You may not 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 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 the Software. If the package accompanying your computer contains compact discs, 3.5" and/or 5.25" disks, you may use only the disks appropriate for your computer. You may not use the disks on another computer or network, or loan, rent, lease, or transfer them to another user except as permitted by this agreement.
LIMITED WARRANTY
Dell warrants that the Software disks will be free from defects in materials and workmanship under normal use for ninety (90) days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to ninety (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 (a) return of the price paid for the Software or (b) replacement of any disk not meeting this warranty that is sent with a return authorization number to Dell, at your cost and risk. This limited warranty is void if any disk damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Dell. Any replacement disk is warranted for the remaining original warranty period or thirty (30) days, whichever is longer. Dell does 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 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 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.
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.
GENERAL
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. 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, terms, or conditions 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.
