Dell Alienware M17x (Mid 2009) User Manual

Page 89

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APPENDIX D: DELL SOFTWARE LICENSE AGREEMENT

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

Any open source software provided by Dell can be used according to 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 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 LABILITY, 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.

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. 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. (Rev.

012306)

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