Appendix d: dell software license agreement – Dell Alienware M17x (Mid 2009) User Manual

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APPENDIX D: DELL SOFTWARE LICENSE AGREEMENT

APPENDIX D: DELL SOFTWARE LICENSE

AGREEMENT

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

Global B.V. (“Dell”). This agreement covers all software that is distributed with

the Dell product, 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 owned 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 (disks, written materials, and packaging) and delete any

preloaded or embedded Software.

You may use one copy of the Software on only one computer 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. Installation on a network server solely for

distribution to other computers is not “use” if (but only if) you have a separate

license for each computer 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 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 provided you keep the original solely

for backup or archival purposes. You may not 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 the Software. If the package

accompanying your computer contains compact discs, 3.5” and/or 5.25” disks, you

may use only the disks appropriate for your computer. You may not use the disks on

another computer 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 disks will be 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 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.

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