Dell PowerEdge VRTX Chassis Management Controller Version 1.0 for Dell PowerEd - Page 142

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 - price

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Dell warrants that the Software disks is free from defects in materials and workmanship under normal use for ninety (90) days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to ninety (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 (a) return of the price paid for the Software or (b) replacement of any disk not meeting this warranty that is sent with a return authorization number to Dell, at your cost and risk. This limited warranty is void if any disk damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Dell. Any replacement disk is warranted for the remaining original warranty period or thirty (30) days, whichever is longer. Dell does NOT warrant that the functions of the Software meets your requirements or that operation of the Software is 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 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 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 this CD may contain 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 EXPRESSED OR IMPLIED WARRANTY; INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 LIABILTIY, WHETHER IN CONTRACT, STRICT LIABITLY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILTIY 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 terminates 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, is destroyed. This agreement is governed by the laws of the State of Texas. 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, terms, or conditions 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. 142

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Dell warrants that the Software disks is free from defects in materials and workmanship under normal use for ninety (90)
days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are
limited to ninety (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 (a) return of the price paid for the Software or (b) replacement of any disk not meeting this
warranty that is sent with a return authorization number to Dell, at your cost and risk. This limited warranty is void if any
disk damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Dell.
Any replacement disk is warranted for the remaining original warranty period or thirty (30) days, whichever is longer.
Dell does NOT warrant that the functions of the Software meets your requirements or that operation of the Software is
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 OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, 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 this CD may contain 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 EXPRESSED OR IMPLIED WARRANTY; INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 LIABILTIY, WHETHER IN CONTRACT, STRICT LIABITLY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILTIY 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 terminates 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, is
destroyed. This agreement is governed by the laws of the State of Texas. 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,
terms, or conditions 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.
142