DELL SOFTWARE LICENSE AGREEMENT

This is a legal agreement ("Agreement") between you, the user, and Dell Products L.P or Dell Global B.V. (Singapore Branch), a Singapore branch of a company incorporated in The Netherlands with limited liability on behalf of Dell Inc. and Dell Inc.'s subsidiaries and affiliates (together "Dell"). This Agreement covers all software that is distributed with or for the Dell product (and upgrades and updates thereto), for which there is no separate license agreement between you and the manufacturer or owner of the software (collectively the "Software"). This Agreement is not for the sale of Software or any other intellectual property. All title and intellectual property rights in and to Software is 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 or downloading the Software, or using the Software that has been preloaded or is embedded in your product, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, promptly return all Software items (media, written materials, and packaging) and delete any preloaded or embedded Software.
 
You may use one copy of the Software on only one Dell computer or device at a time. If you have multiple licenses for the Software, you may use as many copies at any time as you have licenses. "Use" means loading the Software in temporary memory or permanent storage on the computer or device. Installation on a network server solely for distribution to other computers or devices is not "use" if (but only if) you have a separate license for each computer or device to which the Software is distributed. You must ensure that the number of persons using the Software installed on a network server does not exceed the number of licenses that you have. If the number of users of Software installed on a network server will exceed the number of licenses, you must purchase additional licenses until the number of licenses equals the number of users before allowing additional users to use the Software. If you are a commercial customer of Dell or a Dell affiliate, 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. 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, but you may transfer the Software and all accompanying materials on a permanent basis as part of a sale or transfer of the Dell product if you retain no copies and the recipient agrees to the terms hereof. Any 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

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. 

OPEN SOURCE SOFTWARE

A portion of the Software may contain or consist of 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 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 THIS 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.

EXPORT

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. 

GENERAL

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. 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.
 
Dell is a trademark of Dell Inc. (rev. 101311)

Your new Dell printer comes with patented print cartridges specially priced for a single use. Use of this cartridge confirms your agreement to only a single use. After this single use, the license to use the cartridge terminates. The cartridge is designed to stop working after delivering a fixed amount of printing. Regular cartridges, without these license terms, are available for sale that may be refilled. If you do not agree to these terms, contact Dell by visiting www.dell.com/contactdell.

Firmware updates may modify Dell printer settings and cause counterfeit and/or unauthorized products, supplies, parts, materials (such as toners and inks), software, or interfaces to stop working. Use of genuine Dell or Dell authorized products will not be impacted.


ENTIRE AGREEMENT.  This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Licensor relating to the Software Program.  Except as otherwise provided for herein, this Software License Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Licensor relating to your use of the Software Program).  To the extent any Licensor policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.
Notwithstanding the foregoing, software owned by Sun Microsystems, Inc. is subject to the Additional License Terms for Sun Microsystems, Inc. software as set forth below.

ADDITIONAL LICENSE TERMS FOR SUN MICROSYSTEMS, INC. SOFTWARE

In addition to the foregoing, with respect to any Sun Microsystems, Inc. software ("Sun Software") licensed hereunder, the following terms apply:

1. LICENSE RESTRICTIONS.  The Sun Software is licensed to Licensee only under the terms of this Agreement, and Sun reserves all rights not expressly granted to Licensee. Licensee may not use, copy, modify, or transfer the Sun Software, or any copy thereof, except as expressly provided for in this Agreement or by applicable law. Except as otherwise provided by law for purposes of decompilation of the Sun Software solely for inter-operability, error correction or security testing, Licensee may not reverse engineer, disassemble, decompile, or translate the Sun Software, or otherwise attempt to derive the source code of the Sun Software. Licensee may not rent, lease, loan, or sell the Sun Software, or any part of the Software. No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder.

2. AIRCRAFT PRODUCT AND NUCLEAR APPLICATIONS RESTRICTION.  Sun Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses. Licensee warrants that it will not use or redistribute the Sun Software for such purposes.

3. NO WARRANTY.  To the full extent permitted by law, the Sun Software is provided to licensee "AS IS". All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

4. LIMITATION OF DAMAGES.  To the extent not prohibited by applicable law, Sun's aggregate liability to Licensee or to any third party for claims relating to this agreement, whether for breach or in tort, will be limited to the fees paid by Licensee for Sun Software which is the subject matter of the claims. IN NO EVENT SHALL THE AUTHOR 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Liability for damages will be limited and excluded, even if any exclusive remedy provided for in this Agreement fails of its essential purpose.

5. GOVERNMENT USER RIGHTS IN DATA: If procured by, or provided to, the U.S. Government, use, duplication, or disclosure of technical data is subject to restrictions as set forth in DFARS 252.227-7013(c) (1) (ii), FAR 52.227-14(g)(2), Rights in Data-General (June 1987); and for computer software and computer software documentation, FAR 52-227-19, Commercial Computer Software-Restricted Rights (June 1987). However, if under DOD, use, duplication, or disclosure of technical data is subject to DFARS 252.227-7015(b), Technical Data-Commercial Items (June 1995); and for computer software and computer software documentation, as specified in the license under which the computer software was procured pursuant to DFARS 227.7202-3(a).  Licensee shall not provide Sun Software nor technical data to any third party, including the U.S. Government, unless such third party accepts the same restrictions. Licensee is responsible for ensuring that proper notice is given to all such third parties and that the Sun Software and technical data are properly marked.

6. EXPORT LAW.  Licensee acknowledges and agrees that the Sun Software and/or technology is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Sun Software and/or technology contrary to U.S. law is prohibited. Licensee agrees that none of the Sun Software and/or technology, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Sun, and Licensee must comply with the list as it exists in fact. Licensee certifies that it is not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List.  Licensee agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.  Licensee is responsible for complying with any applicable local laws and regulations, including but not limited to, the export and import laws and regulations of other countries.

7. TRADEMARKS AND LOGOS.  This Agreement does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to:  (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark.

8. TERMINATION.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Sun Software.  This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.  Upon Termination, you must destroy all copies of Sun Software.

9. GOVERNING LAW.  Any action related to the Sun Software will be governed by California law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10. SEVERABILITY.  If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11. INTEGRATION.  This Agreement is the entire agreement between you and Sun relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.


EU2D-0035-EN
