End User License Agreement — Type S
This is a legal agreement ("Agreement") between you, the user and Dell Products L.P., a Texas limited partnership or Dell Global B.V. (Singapore Branch), a Singapore branch of a company incorporated in The Netherlands with limited liability, on behalf of itself, Dell Inc., and Dell Inc.'s other subsidiaries and affiliates (together "Dell"). This Agreement covers all software ("Software") and any upgrades, updates, patches, hotfixes, modules, routines, feature enhancements and additional versions of the Software that replace or supplement the original Software (collectively "Updates") distributed by Dell unless there is a separate license agreement between you and the manufacturer or owner of the Software or Update. If there is no separate license agreement then this Agreement governs your use of Updates, and such Updates will be considered Software for all purposes of this EULA. This Agreement is not for the sale of Software or any other intellectual property. All title and intellectual property rights in and to Software are owned and retained 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, downloading, activating the Software, click-accepting these terms or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not install, download, activate or otherwise use the Software and must promptly return for a full refund all Software (including accompanying media, written materials and packaging) or delete any Software, as directed by Dell; for software included with your purchase of hardware, you must return the entire hardware/software package. The right to a full refund does not apply to any updates or upgrades subject to the terms of this Agreement. If you are an entity, you acknowledge that the individual accepting these terms has appropriate authority to do so and to bind you.
Subject to the terms, conditions and limitations of this Agreement, Dell grants you a limited, nonexclusive, nontransferable (except as set forth herein), nonassignable license to use the Software (in object code only) on as many computers, devices, or in such configurations as you are expressly entitled, or on one computer or device if no other entitlement is specified, and for such period as you are entitled, in the case of a term license, and perpetually, if no term is specified. You may use the Software only on Dell computers or devices, with the exception of mobile device application software specifically designed by Dell to be run on non-Dell hardware. "Use" means to install, store, load, execute and display the Software. If you are a commercial customer of Dell, 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 and may be protected under the patent laws of the applicable jurisdiction. 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 of the Software. You may not sublicense, rent, or lease the Software or copy the written materials accompanying the Software. You may transfer the Software and all accompanying materials on a permanent basis as part of a sale or transfer of the Dell product on which it was preloaded by Dell, where applicable, if you retain no copies and the recipient agrees to the terms hereof. Any such 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 Dell 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 AND LIMITATION OF LIABILITY
Dell warrants that the Software media (if applicable) 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. The terms of this Agreement do not entitle you to any maintenance or support for 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 DATA, 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.
HOSTED & INTERNET-ACCESSIBLE SOFTWARE
Some or all of the Software may be remotely hosted or accessible to you through the internet. In such case, Dell may suspend, terminate, withdraw, or discontinue all or part of the Software or your access to the Software upon receipt of a subpoena or law-enforcement request, or when Dell believes, in its sole discretion, that you have breached any term of this Agreement or are involved in any fraudulent, misleading or illegal activities. Dell may modify the Software at any time with or without prior notice to you. Dell may perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Software installed on its and your computer system(s), which may temporarily degrade the quality of the Software or result in a partial or complete outage of the Software. Updates, patches or alerts may be delivered from Dell servers, which may be located outside of your country. Dell provides no assurance that you will receive advance notification of such activities or that your use of the Software will be uninterrupted or error free.
OPEN SOURCE AND THIRD PARTY SOFTWARE
The Software may come bundled or otherwise distributed with open source or other third party software which is subject to terms and conditions of the specific license under which it is distributed.
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 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 LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Under certain open source software licenses, you are entitled to obtain the corresponding source files. You may find corresponding source files for the Software at http://opensource.dell.com, or at such other locations indicated by Dell.
You are advised that the Software is subject to U.S. export laws as well as the laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the Software may not be sold, leased or transferred to restricted countries (currently Cuba, Iran, North Korea, Sudan and Syria), restricted end users or for restricted end-uses. You specifically agree that the Software will not be used for activities related to weapons of mass destruction, including but not limited to activities related to the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles, or support of missile projects, or chemical or biological weapons.
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.
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. Except as prohibited by local law, 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.
(Type S - Rev. 040513)