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File: LICENSE.txt
Dell End User License Agreement
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THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU
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(EITHER AN INDIVIDUAL OR AN ENTITY) AND DELL PRODUCTS L.P., A TEXAS LIMITED
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PARTNERSHIP, OR DELL GLOBAL B.V. (SINGAPORE BRANCH), THE SINGAPORE BRANCH
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OF A COMPANY INCORPORATED IN THE NETHERLANDS WITH LIMITED LIABILITY ON
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BEHALF OF ITSELF, DELL INC. AND DELL INC.’S DIRECT AND INDIRECT SUBSIDIARIES
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(COLLECTIVELY, “DELL”). THIS AGREEMENT GOVERNS ALL SOFTWARE ("SOFTWARE")
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AND ANY UPGRADES, UPDATES, PATCHES, HOTFIXES, MODULES, ROUTINES, FEATURE
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ENHANCEMENTS AND ADDITIONAL VERSIONS OF THE SOFTWARE THAT REPLACE OR
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SUPPLEMENT THE ORIGINAL SOFTWARE (COLLECTIVELY "UPDATES") AND THEIR
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ASSOCIATED MEDIA, PRINTED MATERIALS, ONLINE OR ELECTRONIC DOCUMENTATION,
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DISTRIBUTED BY OR ON BEHALF OF DELL UNLESS THERE IS A SEPARATE LICENSE
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AGREEMENT BETWEEN YOU AND THE MANUFACTURER OR OWNER OF THE SOFTWARE OR
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UPDATE. IF THERE IS NO SEPARATE LICENSE AGREEMENT THEN THIS AGREEMENT
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GOVERNS YOUR USE OF UPDATES, AND SUCH UPDATES WILL BE CONSIDERED SOFTWARE
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FOR ALL PURPOSES OF THIS EULA. THE “SOFTWARE” SHALL MEAN COLLECTIVELY
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THE SOFTWARE PROGRAM AND UPDATES AND ANY COPIES THEREOF. THIS EULA,
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IN AND OF ITSELF, DOES NOT ENTITLE YOU TO ANY UPDATES AT ANY TIME IN THE
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FUTURE. BY EXPRESSLY ACCEPTING THESE TERMS OR BY DOWNLOADING, INSTALLING,
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ACTIVATING AND/OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING THAT YOU
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HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND ARE BOUND BY THE TERMS AND
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CONDITIONS OF THIS EULA AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO
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NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA, THEN YOU
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MAY NOT DOWNLOAD, INSTALL, ACTIVATE OR OTHERWISE USE ANY OF THE SOFTWARE
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AND YOU MUST PROMPTLY RETURN THE SOFTWARE; AND WHERE SOFTWARE WAS LOADED
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BY OR ON BEHALF OF DELL AS INCLUDED IN YOUR PURCHASE OF SPECIFIC HARDWARE
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(INCLUDING COMPONENTS OR ASSEMBLIES), YOU MUST RETURN THE ENTIRE
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HARDWARE/SOFTWARE PACKAGE AS DIRECTED BY DELL OR ITS RESELLER (IF APPLICABLE)
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FOR A FULL REFUND. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF
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OF AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO
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ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
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1. License.
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Subject to the terms, conditions and restrictions of this EULA (as a
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condition to the grant below), Dell hereby grants you a limited, personal,
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nonexclusive, and except as otherwise set forth in Section 6 below,
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nontransferable, nonassignable license, without rights to sublicense, to
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install or have installed, display and use the Software (in object code
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form only) solely for internal purposes, only on as many computers, devices
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and/or in such configurations as expressly permitted by Dell (e.g., as set
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forth in the applicable Dell sales quote or invoice), or on one computer
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device if no other entitlement is specified, and for such period specified
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in a term license, or perpetually if no term is specified.
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2. License Limitations and Conditions.
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This license is conditioned upon Dell receiving your timely payment of any
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fees or royalties applicable to the Software or to any hardware in which the
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Software may be loaded. You may not copy the Software except for a reasonable
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number of copies solely as needed for backup or archival purposes or as
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otherwise expressly permitted in Section 1 “License” above. You may not
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modify or remove any titles, trademarks or trade names, copyright notices,
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legends, or other proprietary notices or markings on or in the Software.
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The rights granted herein are limited to Dell's and its licensors' and suppliers’
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intellectual property rights in the Software and do not include any other
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third party’s intellectual property rights. If the Software was provided
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to you on removable media (e.g., CD, DVD, or USB drive), you may own the
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media on which the Software is recorded but Dell, Dell's licensor(s) and/or
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supplier(s) retain ownership of the Software itself and all related
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intellectual property rights. If the package accompanying your Dell computer
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or device contains optical discs or other storage media, you may use only
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the media appropriate for your computer or device. You may not use the
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optical discs or storage media on another computer, device or network, or loan,
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rent, lease or transfer them to another user except as permitted by this
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Agreement.You are not granted any rights to any trademarks or service marks
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of Dell or any of its licensors or suppliers. The use of any other software,
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including any software package or file, whether licensed to you separately
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by Dell or by a third party, is subject to the terms and conditions that
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come with or are associated with such software.
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3. Rights Reserved.
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THE SOFTWARE IS LICENSED, NOT SOLD. Except for the license expressly granted
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in this EULA, Dell, on behalf of itself and its licensors and suppliers,
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retains all right, title, and interest in and to the Software and in all
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related content, materials, copyrights, trade secrets, patents, trademarks,
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derivative works and any other intellectual and industrial property and
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proprietary rights, including moral rights, registrations, applications,
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renewals and extensions of such rights (the "Works"). The rights in these
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Works are valid and protected in all forms, media and technologies existing
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now or hereafter developed and any use other than as expressly set forth herein,
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including the reproduction, modification, distribution, transmission,
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adaptations, translation, display, republication or performance of the
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Works is strictly prohibited. Dell, on behalf of itself and its licensors
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and suppliers, retains all rights not expressly granted herein.
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4. Restrictions.
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Except as otherwise provided herein or expressly agreed by Dell, you may
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not, and will not allow a third party to:
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(A) sell, lease, license,sublicense, assign, distribute or otherwise
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transfer or encumber by any means (including by lien, hypothecation or
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otherwise) in whole or in part the Software;
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(B) provide, make available to, or permit use of the Software
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in whole or in part by, any third party, including contractors, without
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Dell's prior written consent, unless such use by the third party is solely
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on your behalf, is strictly in compliance with the terms and conditions of
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this EULA, and you are liable for any breach of this EULA by such third
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party (a “Permitted Third Party”);
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(C) copy, reproduce, republish, upload,post or transmit the Software in any
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way;
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(D) decompile, disassemble, reverse engineer, or otherwise attempt to
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derive source code (or underlying ideas, algorithms, structure or
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organization) from the Software program, in whole or in part;
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(E) modify or create derivative works based upon the Software;
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(F) use the Software on a service bureau, rental or managed services basis
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or permit other individuals or entities to create Internet "links" to the
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Software or "frame" or "mirror" the Software on any other server or
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wireless or Internet-based device;
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(G) use the Software to create a competitive offering; or
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(H) share or publish the results of any benchmarking of the Software
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without Dell’s prior written consent. You may not, and will not allow a
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Permitted Third Party to, use the Software in excess of the number of
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licenses purchased from or expressly authorized by Dell.
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5. Compliance.
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Upon request by Dell, you will certify in writing that all use of Software
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is in compliance with the terms of this EULA, indicating the number of
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Software licenses deployed at that time. You grant Dell, or an agent
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selected by Dell, the right to perform, during normal business hours,
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a reasonable audit of your compliance with this EULA. You agree to cooperate
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and provide Dell with all records reasonably related to your compliance
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with this EULA.
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6. Transferability. You have the limited right to transfer Software on a
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permanent basis as part of the sale or transfer of the hardware system
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on which the Software is loaded, provided that:
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(i) you retain no copies of any version of the Software,
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(ii) the transfer includes the most recent update and all prior versions
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of the Software.
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7. Support and Subscription Services Not Included.
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Dell does not provide any maintenance or support services under this EULA.
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Maintenance and support services, if any, are provided under a separate
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agreement, which may be located at www.dell.com/servicecontracts/global.
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8. Termination.
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Dell may terminate this EULA immediately and without prior notice if you
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fail to comply with any term or condition of this EULA or if Dell does not
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receive timely payment for the licenses to the Software or for the hardware
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to which Software is loaded, if any. In addition, Dell may terminate any
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license to Software distributed for free, at any time in its sole discretion.
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This EULA will terminate automatically if you fail to comply with any of its
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terms or if the license term ends. You may terminate this EULA at any time on
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written notice to Dell. In the event of termination of this EULA, all licenses
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granted hereunder shall automatically terminate and you must immediately cease
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use of the Software and return or destroy all copies of the Software. The
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parties recognize and agree that their obligations under Sections 2, 3, 4,
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5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of this EULA,
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as well as obligations for payment, shall survive the cancellation,
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termination and/or expiration of this EULA, and/or the licenses granted
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hereunder. Dell will not have any obligation upon the termination of this
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EULA to refund any portion of any license fee.
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9. Export, Import and Government Restrictions.
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The Software is subject to U.S. export laws as well as the laws of the
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country where it is delivered or used. You agree to abide by these laws.
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Under these laws, the Software may not be sold, leased or transferred to
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embargoed countries (currently Cuba, Iran, North Korea, Sudan and Syria),
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other restricted countries, restricted end-users, or for restricted
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end-uses. You specifically agree that the Software will not be used for
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activities related to weapons of mass destruction, including but not
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limited to, activities related to the design, development, production or
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use of nuclear materials, nuclear facilities, or nuclear weapons, missiles
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or support of missile projects, or chemical or biological weapons. You
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understand that certain functionality of the Software, such as encryption
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or authentication, may be subject to import or export restrictions in the
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event that you transfer the Software from the country of delivery and you
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are responsible for complying with applicable restrictions.
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The Software and documentation are "commercial items" as that term is
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defined at 48 C.F.R. 2.101, consisting of "commercial computer software"
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and "commercial computer software documentation" as such terms are used in
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48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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through 227.7202-4, all U.S. Government end users acquire the Software and
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documentation with only those rights set forth herein. C
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ontractor/manufacturer is Dell Products L.P., One Dell Way, Round Rock,
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Texas, 78682.
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10. Warranty; Disclaimer of Warranty.
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Dell warrants that the software media, if any, will be free from defects in
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materials and workmanship under normal use for 90 days from the date you
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receive them. DELL MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES RELATED TO
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THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, AND DELL SPECIFICALLY
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DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DELL DOES NOT WARRANT THAT THE
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FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF
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THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY
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FOR SELECTING THE SOFTWARE AND THE RESULTS ACHIEVED. YOUR SOLE AND
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EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, IS FOR DELL, AT ITS SOLE
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DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY
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DEFECT IN THE MEDIA OR TO PROVIDE A REFUND OF THE LICENSE FEES RECEIVED BY
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DELL FOR THE SOFTWARE AND TERMINATE THIS AGREEMENT. THIS DISCLAIMER OF
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WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY
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RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY
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EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE
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(UNLESS LOCAL LAW PROVIDES OTHERWISE).
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11. Limitation of Liability.
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DELL WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST VALUE OR
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LOST SALES (WHETHER SUCH PROFITS, SAVINGS, VALUE OR SALES ARE DIRECT,
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INDIRECT, CONSEQUENTIAL OR OF ANY OTHER NATURE), LOST OR CORRUPTED DATA OR
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SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK(S), OR THE RECOVERY OF SUCH
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DATA, SYSTEMS(S) OR NETWORK(S), LOSS OF BUSINESS OPPORTUNITY, BUSINESS
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INTERRUPTION OR DOWNTIME, LOSS OF GOODWILL OR REPUTATION, SOFTWARE NOT
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BEING AVAILABLE FOR USE OR THE PROCUREMENT OF SUBSTITUTE SOFTWARE OR GOODS,
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INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
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OF OR IN CONNECTION WITH THIS EULA UNDER ANY THEORY OF LIABILITY EVEN IF
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ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS EULA, DELL’S
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TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH
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THIS EULA AND/OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF EITHER:
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A) THE TOTAL AMOUNT RECEIVED BY DELL FOR THE APPLICABLE SOFTWARE LICENSE
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DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH
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THE RELEVANT CLAIM AROSE OR
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B) THE AMOUNT RECEIVED BY DELL FOR THE SPECIFIC HARDWARE ON WHICH THE
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PARTICULAR SOFTWARE WAS LOADED.
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Insofar as applicable law prohibits any limitation on liability herein,
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the parties agree that such limitation will be automatically modified, but
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only to the extent required to make the limitation compliant with applicable
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law.
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12. Development Tools.
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If the Software includes development tools, such as scripting tools, APIs
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( application programming interface s), or sample scripts (collectively
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“Development Tools”) and unless there is a separate agreement between you
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and Dell for the Development Tools, you may use such Development Tools to
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create new scripts and code for the purpose of customizing your use of the
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Software (within the parameters set forth in this EULA and within the
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parameters set forth in the Development Tools themselves ) and for no other
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purpose. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, THE
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DEVELOPMENT TOOLS ARE PROVIDED "AS IS" WITHOUT INDEMNITY OR WARRANTY OF ANY
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KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DELL BEARS NO
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LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
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CONSEQUENTIAL DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE
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DEVELOPMENT TOOLS AND HAS NO DUTY TO PROVIDE SUPPORT TO YOU.
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13. Evaluation Licenses.
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This EULA does not license use of Software for evaluation purposes
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(“Evaluation Software”). Your use of Evaluation Software is subject to the
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separate license terms and conditions accompanying that Evaluation Software.
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14. Hosted and Internet-Accessible Software.
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Some or all of the Software may be remotely hosted or accessible to you
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through the Internet (“Hosted Software”). In such case, Dell may suspend,
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terminate, withdraw, or discontinue all or part of the Hosted Software or
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your access to the Hosted Software upon receipt of a subpoena or
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law-enforcement request, or when Dell believes, in its sole discretion that
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you have breached any term of this EULA or are involved in any fraudulent,
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misleading, or illegal activities. Dell may modify the Hosted Software at
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any time with or without prior notice to you. Dell may perform scheduled or
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unscheduled repairs or maintenance, or remotely patch or upgrade the Hosted
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Software installed on its and your system(s), which may temporarily degrade
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the quality of the Hosted Software or result in a partial or complete
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outage of the Hosted Software. Updates, patches or alerts may be delivered
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from Dell servers, which may be located outside of your country. Dell
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provides no assurance that you will receive advance notification of such
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activities or that your use of the Hosted Software will be uninterrupted
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or error-free.
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15. Open Source and Third Party Software.
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The Software may come bundled or otherwise be distributed with open source
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or other third party software, which is subject to the terms and conditions
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of the specific license under which it is distributed.
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OPEN SOURCE SOFTWARE IS PROVIDED BY DELL "AS IS" WITHOUT ANY WARRANTY,
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EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
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WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA,
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AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH
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OPEN SOURCE SOFTWARE, DELL SHALL HAVE NO LIABILITY FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
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WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. Under certain open source software licenses,
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you are entitled to obtain the corresponding source files. You may find
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corresponding source files for the Software at http://opensource.dell.com
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or other locations that may be specified to you by Dell.
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16. High-Risk Disclaimer and Excluded Data.
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The Software is not designed or intended for high-risk applications, for
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use as online control systems or use in hazardous environments requiring
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fail-safe performance, such as in the operation of nuclear facilities,
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aircraft navigation or communications systems, air traffic control, life
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support, weapons systems or in any other device or system in which function
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or malfunction of the software could result in death, personal injury or
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physical or environmental damage. Any such use or application by you is
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outside the scope of this license and you are not authorized to use the
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Software in any such application. You acknowledge that Software provided
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under this EULA is not designed with security and access management for the
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processing and/or storage of the following categories of data and software:
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(A) classified data and software;
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(B) data and software controlled under the International Traffic in Arms
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Regulations (“ITAR”); and
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(C) personally identifiable information that is subject to heightened
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security requirements as a result of your internal policies or practices
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or by law (collectively referred to as “Excluded Data”). You hereby agree
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that you are solely responsible for reviewing data that the Software will
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provide to Dell (or to which Dell will have access) to ensure that it does
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not contain Excluded Data.
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17. Indemnification.
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You, at your expense, shall defend and indemnify Dell against any claim,
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action or proceeding brought against Dell which arises from or is in any
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manner connected with your unauthorized use of the Software or that arises
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from your breach of any provision of this EULA.
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18. Right to Preliminary and Injunctive Relief.
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You agree that money damages would be an inadequate remedy for Dell in the
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event of a breach or threatened breach by you of the provisions set forth
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in this EULA; therefore, you agree that in the event of a breach or
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threatened breach of any such provisions, Dell may, in addition to any
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other remedies to which it is entitled, be entitled to such preliminary or
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injunctive relief (including an order prohibiting you from taking actions
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in breach of such provisions), without the need for posting bond, and
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specific performance as may be appropriate to preserve all of Dell’s rights.
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All rights and remedies afforded Dell by law shall be cumulative and not
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exclusive.
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19. Choice of Law.
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THIS AGREEMENT AND ANY CLAIMS UNDER ANY THEORY OF LIABILITY IN ANY WAY TO
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THIS AGREEMENT OR ANY RELATIONSHIPS CONTEMPLATED HEREIN SHALL BE GOVERNED
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AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, U.S.A.,
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WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW AND EXCLUSIVE OF ANY
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PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF
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GOODS. The parties agree that the provisions of the Uniform Computer
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Information Transactions Act (“UCITA”), as it may have been or hereafter
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may be in effect in any jurisdiction, shall not apply to this EULA, and the
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parties waive any and all rights they may have under any laws(s) adopting
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UCITA in any form.
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20. Dispute Resolution and Binding Individual Arbitration.
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ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
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WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
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INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND DELL arising out of
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or in connection with this EULA, or the breach, termination or validity
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thereof SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL
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ARBITRATION.
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If you are in the United States, the arbitration will be administered by
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the American Arbitration Association (AAA), or JAMS (if you are in Canada,
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arbitration will be at ADR Chambers pursuant to the general ADR Chambers
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Rules for Arbitration located at www.adrchambers.com). Otherwise, the
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dispute shall be finally settled under the Rules of Arbitration of the
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International Chamber of Commerce (“ICC”) by one or more arbitrators
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appointed in accordance with such rules. The arbitration shall be conducted
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in the English language. For any ICC arbitration, the place of the
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arbitration shall be Austin Texas or another commercial center reasonably
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chosen by the arbitration panel to ensure that the award resulting from the
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arbitration shall be of an international character and enforceable under
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the New York Convention on the Recognition and Enforcement of Foreign
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Arbitral Awards. The arbitration panel shall be empowered to grant whatever
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relief would be available in court, including without limitation
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preliminary relief, injunctive relief and specific performance. Any award
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of the arbitration panel shall be final and binding immediately when
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rendered, and judgment on the award may be entered in any court of
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competent jurisdiction. Neither you nor Dell shall be entitled to join,
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consolidate, or include any claims belonging to or alleged or arising from,
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by, or on behalf of any third party to an arbitration brought hereunder, or
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arbitrate any claim as a class action, class representative, class member,
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or in a private attorney general capacity. The individual (non-class)
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nature of this dispute resolution provision goes to the essence of the
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parties' dispute resolution agreement, and if found unenforceable, the
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entire arbitration and dispute resolution provision shall be void. Consumer
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claimants (individuals whose transaction is intended for personal, family
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or household use) may elect to pursue their claims in small-claims court
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rather than arbitration. Dell will be responsible for paying any individual
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consumer's arbitration/arbitrator fees. Notwithstanding the foregoing,
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Dell may apply to any relevant government agency or any court of competent
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jurisdiction to preserve its rights under this EULA and to obtain any
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injunctive or preliminary relief, or any award of specific performance,
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to which it may be entitled, either against you or against a non-party;
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provided, however, that no such administrative or judicial authority shall
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have the right or power to render a judgment or award (or to enjoin the
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rendering of an arbitral award) for damages that may be due to or from
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either party under this EULA, which right and power shall be reserved
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exclusively to an arbitration panel proceeding in accordance herewith.
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21. No Waiver.
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No waiver of breach or failure to exercise any option, right,or privilege
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under the terms of this EULA on any occasion by Dell shall be construed to
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be a waiver of a subsequent breach or right to exercise any option, right,
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or privilege.
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22. No Assignment.
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Except as provided in Section 6, Customer may not assign or transfer its
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interests, rights or obligations under this EULA, in whole or in part,
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whether voluntarily, by contract, or by merger (whether that party is the
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surviving or disappearing entity), stock or asset sale, consolidation,
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dissolution, through government action or order, or otherwise. Any attempt
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to assign this EULA without prior written consent from an authorized
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executive officer of Dell shall be null and void.
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23. Entire Agreement.
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Unless you have entered into another written agreement with respect to the
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Software which has been signed by you and an authorized representative of
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Dell and which conflicts with the terms of this EULA, you agree that this
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EULA supersedes all prior written or oral agreements, warranties or
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representations with respect to use of the Software. If any term
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(or part thereof) of this EULA is found to be invalid or unenforceable,
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the remaining provisions (including other valid parts within the effected
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term) will remain effective. You acknowledge that you have read this
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Agreement, that you understand it, that you agree to be bound by its terms,
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and that this is the complete and exclusive statement of the Agreement
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between you and Dell regarding the Software.
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(S Version – Rev. 04232015)
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