WARRANTY AND TECHNICAL ASSISTANCE INFORMATION

Returns Policy and Limited Warranty
1 year warranty from the manufacturer for the end user


Warranty

Dell Inc. ("Dell") warrants to the end user, in accordance with the following provisions, that its hardware products, purchased by the end user directly from Dell or from an authorized distributor/reseller of Dell in Latin America or the Caribbean, are free from defects in materials, workmanship and design affecting normal use for a period of one year from original purchase date. Products for which a proper claim is made shall be, at Dell's discretion (in those jurisdictions where such decision lies in Dell's power), repaired or replaced at Dell's expense. All the parts removed from the repaired products shall become the property of Dell. Dell uses parts from various manufacturers to make repairs. The parts may be new or refurbished (except when by law Dell must use new parts in the repair) and of equivalent or higher quality and technology, with respect to the original product specifications.

Exclusions

This warranty does not apply to defects arising from: 
  • Normal wear and tear.
  • Suitability of the product for a particular purpose or use (this exclusion does not apply to products purchased in Peru).
  • Third-party products, such as software, whose warranty shall be delivered to the customer directly by the manufacturer or licensor of said products.
  • Any instruction given by the customer and performed by Dell.
  • Causes not attributable to defects of manufacture and/or defects of material.
  • Product defects which do not cause a discrepancy between what is offered and what is delivered (this exclusion does not apply to products purchased in Peru). 
  • Replacement of parts, repair or attempt to repair the product by persons not authorized by Dell. 
  • Lack of maintenance or service of the product in accordance with the indications in the instruction manual. 
  • Accidents or negligence in use of the Product. 
  • Abuse or improper use of the product or use other than normal domestic use, or not in accordance with the instruction manual. 
  • Bad connection of the product to other products indicated in the instruction manual or connection of the product to any equipment other than those. 
  • "Presence of sand, spills from liquid substances, water, burns or any foreign element inside the product. 
  • Spikes or drops in voltage in the network or connection of the product to networks whose voltage does not correspond to that listed in the instruction manual. 
  • Damage caused by floods, earthquakes, fire, electrical storms, impacts, and/or incorrect transport. 
  • Any disposable part, for example batteries, unless damage is due to a defect in the materials or workmanship. 
  • If any Dell serial number or service label has been eliminated or erased. 
  • Breakage or cracking of LED or screen. 
  • Force majeure or act of God, and, in general, any event that is outside the possible control of Dell.

How to Make a Claim

The type of service for responding to a warranty claim may vary depending on the product and on your choices at the time of purchase. If you are not certain about what type of warranty you have, you must contact your sales representative or authorized Dell distributor/reseller or check the state of the warranty on the Dell support web page. If you acquired the product through an authorized distributor/reseller, Dell will only provide the service when the end user has transferred ownership ("tag transfer") as part of the online registration process. However, the warranty period starts when the user receives the product, and registration is part of the support process if the end user has not done so before contacting Dell technical support.

Steps for making a claim:

1. If the product was acquired directly from Dell go to step #2, otherwise you must complete the registration process:
  1. Connect to Internet and visit the web site to register your warranty: www.dell.com/registro.
  2. Select the language and country where you purchased your equipment and complete the online form with the information requested.
  3. After completing the form click "send"
2. Connect with Dell Technical support. You may choose the contact method you prefer: e-mail, chat or phone. The contact options appear on the Dell support web page. (The support numbers for the region can be found at the end of this document; to see the up-to-date list, visit this page www.dell.com/la/soporte).
3. Have the following information ready for the technical support agent: 
  1. Customer information including place and date of purchase. 
  2. Service label on the machine or in its absence the Express Service Code. 
  3. Symptoms at the time of the defect.
4. Depending on the warranty service that you have acquired (not all types of warranty are available in all countries and/or cities), the Dell technical support will give instructions on the case to determine if the problem is covered by the hardware warranty and if replacement of parts is required.

Service on Authorized Service Network.

1. The Dell agent will perform a diagnostic of the problem with your help, giving you instructions by phone and if necessary connecting remotely (with your consent) to your computer.
2. The technician will inform you of the service centers available in you city.
3. You will be responsible for taking your equipment to the service center and collecting it after completion of the repair.

Collection and Delivery Service for Laptop Computers.

4. The Dell agent will perform a diagnostic of the problem with your help, giving you instructions by phone and if necessary connecting remotely (with your consent) to your computer.
5. The technician will inform you of the steps for preparing your equipment for collection.
6. You will coordinate your preferred time directly with the collection service.
7. After the repair, the equipment will be returned to the place of your choice.
8. The registered end user or a responsible person authorized by the end user must be available to deliver and return the product.
9. Depending on the conditions of accessibility and safety in the area, you may be required to take and claim your equipment at a collection center. The technician will inform you of the service times.

Home Delivery

10. The Dell agent will perform a diagnostic of the problem with your help, giving you instructions by phone and if necessary connecting remotely (with your consent) to your computer.
11. The Dell agent will give instructions for receiving the visit of a Dell authorized technician at your home or workplace.

Home Diagnosis and Repair Service.

12. The Dell agent will give you instructions for receiving the visit of a Dell authorized technician at your home or workplace.
13. The Dell authorized technician will visit your residence or workplace, diagnose the problem and if necessary coordinate additional visits with you to solve the problem.

General Provisions 

  • The services, when their provision is agreed with the customer, will be provided by a Dell authorized service provider and may vary depending on the product. 
  • Response times are estimated and may vary according to the site/location and access to the product and availability of parts. 
  • The service may be provided by phone or Internet as appropriate. 
  • If it is agreed and stated on the Order Confirmation, the Service Offer may include advice, labeling, installation, embedding, removal, training and/or consulting. 
  • Unless otherwise expressly provided in the Order Confirmation, the service does not include: articles excluded from the warranty, changes in configuration, relocation, preventative maintenance, disposable items, diskettes, CDs, work which at Dell's discretion is not necessary (except products purchased in Chile), electrical environment, data transfer or software, solution of problems caused by virus. 
  • Third-party products will be repaired under the warranty of the manufacturer or licensor. 
  • Replacement parts not critical for operation of the product (e.g. hinges, ports, decorations, frames) may not be substituted in the period of the service offer (except products purchased in Peru). 
  • Except for products purchased in Chile and Peru, Dell is not obligated to provide the service or support until Dell has received full payment. 
  • With the exception of products purchased in Chile, Dell has no responsibility for loss or recovery of data, software and other existing programs. Dell is not responsible for any of your confidential, patented or personal information; for lost or corrupted data; or for the damaged or lost removable media. The end user is responsible for making and keeping a backup copy of all their data. 
  • Dell or its authorized service providers are not authorized to copy materials protected by copyright or to copy or use illegal data. Consequently, Dell cannot be liable for breach of copyright of files installed directly by the end user.

Return Policies

To return products, you must contact Dell Customer Service and obtain a Credit Return Authorization number during the return period applicable to the product that you wish to return.

You must send the product to Dell within ten (10) days of the date on which Dell issues the Credit Return Authorization. You must: 
  • Return all the products you wish to return to Dell. With the exception of products purchased in Chile and Peru, at Dell's discretion the credit for the returns may be less than the invoice or the price of the individual component because of the package or promotion price or any discounts or unannounced concessions. 
  • Send the product(s) at your own cost, and insure the shipment or accept the risk of loss or damage during shipping. 
  • Return the products in their original packaging, in "as new" condition, together with any media, documentation or any other parts included in your original shipment. 
  • Upon receiving the return, Dell will issue a credit or reimbursement for the purchase price paid, less shipping and handling and any applicable fees for inventory replacement.

NOTE: Before you return the product(s) to us, be sure to back up the data on the hard disk(s) and any other storage device(s) in the product(s). Delete any confidential, patented and personal information, along with removable media such as floppy disks, CDs or PC cards. Dell is not responsible for any of your confidential or public information, patented or personal; for loss or corrupted data; or for damaged or lost removable media.

NOTE: If the product was acquired through a Dell authorized distributor/reseller, the customer will be subject to the returns policy of the respective store or authorized distributor/reseller.

Legal Rights and Limitations

Dell does not offer any other warranty or make equivalent statement apart from those previously established. This warranty supersedes all other warranties, to the maximum permitted by law. In the absence of applicable laws this warranty shall be the user's sole and exclusive remedy against Dell or any of its partners, and neither Dell nor any of its partners shall be liable for loss of profits or contracts, or alleged damages, or any other indirect or consequential loss arising from negligence, breach of contract or any other event.

This warranty shall not limit or affect the binding legal rights of the end user or any other rights arising from other contracts between the end user and Dell and/or any other seller.

Dell World Trade LP
One Dell Way, Round Rock, TX 78682, EE.UU.
Dell América Latina Corp., Argentina Branch
Juana Manso 1069, 5to. piso, Ciudad de Buenos Aires, C1107CBU Argentina
Dell Computer de Chile Ltda.
Av. Ricardo Lyon 222, of. 1101, Providencia, Santiago - Chile
Dell Colombia Inc.
Carrera 7 No. 113-43, Oficina 1401, Bogotá, D.C., Colombia
Bogotá, Colombia
Dell México S.A. de C.V.
Paseo de la Reforma 2620 - 11° Piso Col. Lomas Altas
11950 México, D.F.
Dell Perú S.A.C.
Avenida Navarrete N° 501, Piso 18°, distrito de San Isidro, Lima, Perú.
Dell Puerto Rico Corp.
PO BOX 71449, San Juan, PR,

Dell Software License Agreement (except Argentina, Peru, and Chile)

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.

LIMITED WARRANTY

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.

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, 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.

Rev. 110109

Dell Software License Agreement (for Peru only)

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, as Peruvian 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.

LIMITED WARRANTY

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 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, as the case may be, 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 warranted for the same time offered in the original warranty.

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. If it is not used under the terms and conditions, Dell, the Copyright holders, or the contributors will not be liable for any direct or indirect damages.

THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, AND HAS THE SAME WARRANTY GRANTED FOR THE SOFTWARE LICENSED IN THE PRESENT AGREEMENT.

Peruvian Law The software and documentation are a "computer program" as is defined at Legislative Decree No. 822, Law on Copyrights, as well as by Andean Decision No. 351, as "A set of instructions that through words, codes, plans or by any other way, when is incorporated in an automated reading device, is capable of making a computer execute a certain task or achieve a certain goal. The software protection includes also the technical documents and the guides books".

The end users acquire the software and documentation with those rights set forth herein and set in the laws mentioned in the paragraph above. 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, 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.

Rev. 110109

Dell Software License Agreement (for Chile only)

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.

LIMITED WARRANTY

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.

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 Republic of Chile, 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.

Rev. 110109

Warranties