This is
a legal 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 the Dell product, 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 (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 exceeds 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 is 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 240 Using FlexAddress and FlexAdress Plus Cards 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 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 is
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 meets your requirements or that operation
of the Software is 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
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.
OPEN SOURCE SOFTWARE
A portion of this
CD may contain 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 EXPRESSED OR IMPLIED WARRANTY; INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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 LIABILTIY,
WHETHER IN CONTRACT, STRICT LIABITLY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILTIY 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.
GENERAL
This
license is effective until terminated. It terminates 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, is 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.