All Downloads of the Brocade software and any accompanying written materials (collectively the “Brocade Materials”) via http://www.brocadeassist.com/dellsoftware/public/DELLAssist are subject to terms and conditions between you and Brocade as published by Brocade. Dell is not responsible for any damages whatsoever with respect to the Brocade materials or the download itself and Dell herby disclaims all warranties, express, implied, or otherwise, including, but not limited to, implied warranties of merchantability and fitness for particular purpose or any warranty regarding title or against infringement, with respect to such download and such Brocade materials.