~noskcaj/ubuntu/wily/dell-dup/dh-python : revision 1

1

DELL SOFTWARE LICENSE AGREEMENT

2

3

This is a legal agreement between you, the user, and Dell Products, L.P

4

("Dell"). This agreement covers all software that is distributed with the

5

Dell product, for which there is no separate license agreement between you

6

and the manufacturer or owner of the software (collectively the

7

"Software"). This agreement is not for the sale of Software or any other

8

intellectual property. All title and intellectual property rights in and

9

to Software is owned by the manufacturer or owner of the Software. All

10

rights not expressly granted under this agreement are reserved by the

11

manufacturer or owner of the Software. By opening or breaking the seal on

12

the Software packet(s), installing or downloading the Software, or using

13

the Software that has been preloaded or is embedded in your product, you

14

agree to be bound by the terms of this agreement. If you do not agree to

15

these terms, promptly return all Software items (disks, written materials,

16

and packaging) and delete any preloaded or embedded Software.

17

18

You may use one copy of the Software on only one computer at a time. If

19

you have multiple licenses for the Software, you may use as many copies at

20

any time as you have licenses. "Use" means loading the Software in

21

temporary memory or permanent storage on the computer. Installation on a

22

network server solely for distribution to other computers is not "use" if

23

(but only if) you have a separate license for each computer to which the

24

Software is distributed. You must ensure that the number of persons using

25

the Software installed on a network server does not exceed the number of

26

licenses that you have. If the number of users of Software installed on a

27

network server will exceed the number of licenses, you must purchase

28

additional licenses until the number of licenses equals the number of

29

users before allowing additional users to use the Software. If you are a

30

commercial customer of Dell or a Dell affiliate, you hereby grant Dell, or

31

an agent selected by Dell, the right to perform an audit of your use of

32

the Software during normal business hours, you agree to cooperate with

33

Dell in such audit, and you agree to provide Dell with all records

34

reasonably related to your use of the Software. The audit will be limited

35

to verification of your compliance with the terms of this agreement.

36

37

The Software is protected by United States copyright laws and international

38

treaties. You may make one copy of the Software solely for backup or

39

archival purposes or transfer it to a single hard disk provided you keep

40

the original solely for backup or archival purposes. You may not rent or

41

lease the Software or copy the written materials accompanying the Software,

42

but you may transfer the Software and all accompanying materials on a

43

permanent basis as part of a sale or transfer of the Dell product if you

44

retain no copies and the recipient agrees to the terms hereof. Any

45

transfer must include the most recent update and all prior versions.

46

You may not reverse engineer, decompile or disassemble the Software.

47

If the package accompanying your computer contains compact discs, 3.5"

48

and/or 5.25" disks, you may use only the disks appropriate for your

49

computer. You may not use the disks on another computer or network, or

50

loan, rent, lease, or transfer them to another user except as permitted

51

by this agreement.

52

53

LIMITED WARRANTY

54

55

Dell warrants that the Software disks will be free from defects in

56

materials and workmanship under normal use for ninety (90) days from the

57

date you receive them. This warranty is limited to you and is not

58

transferable. Any implied warranties are limited to ninety (90) days from

59

the date you receive the Software. Some jurisdictions do not allow limits

60

on the duration of an implied warranty, so this limitation may not apply

61

to you. The entire liability of Dell and its suppliers, and your exclusive

62

remedy, shall be (a) return of the price paid for the Software or

63

(b) replacement of any disk not meeting this warranty that is sent with a

64

return authorization number to Dell, at your cost and risk. This limited

65

warranty is void if any disk damage has resulted from accident, abuse,

66

misapplication, or service or modification by someone other than Dell.

67

Any replacement disk is warranted for the remaining original warranty

68

period or thirty (30) days, whichever is longer.

69

70

Dell does NOT warrant that the functions of the Software will meet your

71

requirements or that operation of the Software will be uninterrupted or

72

error free. You assume responsibility for selecting the Software to

73

achieve your intended results and for the use and results obtained from

74

the Software.

75

76

DELL, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL OTHER

77

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

78

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR

79

THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. This limited

80

warranty gives you specific legal rights; you may have others, which

81

vary from jurisdiction to jurisdiction.

82

83

IN NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES

84

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS

85

PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER

86

PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN

87

IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions

88

do not allow an exclusion or limitation of liability for consequential or

89

incidental damages, the above limitation may not apply to you.

90

91

U.S. GOVERNMENT RESTRICTED RIGHTS

92

93

The software and documentation are "commercial items" as that term is

94

defined at 48 C.F.R. 2.101, consisting of "commercial computer software"

95

and "commercial computer software documentation" as such terms are used in

96

48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.

97

227.7202-1 through 227.7202-4, all U.S. Government end users acquire the

98

software and documentation with only those rights set forth herein.

99

Contractor/manufacturer is Dell Products, L.P., One Dell Way, Round Rock,

100

Texas 78682.

101

102

GENERAL

103

104

This license is effective until terminated. It will terminate upon the

105

conditions set forth above or if you fail to comply with any of its terms.

106

Upon termination, you agree that the Software and accompanying materials,

107

and all copies thereof, will be destroyed. This agreement is governed by

108

the laws of the State of Texas. Each provision of this agreement is

109

severable. If a provision is found to be unenforceable, this finding

110

does not affect the enforceability of the remaining provisions, terms, or

111

conditions of this agreement. This agreement is binding on successors and

112

assigns. Dell agrees and you agree to waive, to the maximum extent

113

permitted by law, any right to a jury trial with respect to the Software

114

or this agreement. Because this waiver may not be effective in some

115

jurisdictions, this waiver may not apply to you. You acknowledge that you

116

have read this agreement, that you understand it, that you agree to be

117

bound by its terms, and that this is the complete and exclusive statement

118

of the agreement between you and Dell regarding the Software.