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Limited Warranty And Limitation Of Liability, DELL, ON BEHALF OF ITSELF AND ITS SUPPLIERS

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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, patent 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. 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. Important Information 39

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Important Information
39
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,
patent 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. 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.