089
089
/
APPENDIX D: DELL SOFTWARE LICENSE AGREEMENT
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
Any open source software provided by Dell can be used according to 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 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
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.
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. (Rev.
012306)
