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			118 lines
		
	
	
		
			6.7 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
			
		
		
	
	
			118 lines
		
	
	
		
			6.7 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY.  THIS AGREEMENT
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| IS A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE
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| ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT
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| YOU REPRESENT) AND DELL TECHNOLOGIES, INC. ("DELL" "WE" "OUR" OR "US").
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| THIS IS THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED BINARY
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| FILES (COLLECTIVELY, "BINARIES"). BY DOWNLOADING, INSTALLING OR OTHERWISE
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| USING THE BINARIES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE
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| BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS,
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| DELL IS UNWILLING TO AND DOES NOT LICENSE THE BINARIES TO YOU. IF YOU DO
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| NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR OTHERWISE USE
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| THE BINARIES OR RETAIN ANY COPIES OF THE BINARIES. ANY POSSESSION OR USE OF
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| THE BINARIES BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN
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| THIS AGREEMENT.
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| 
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| 1. RIGHT TO USE BINARIES; RESTRICTIONS.
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| 
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| 1.1 License. Subject to the terms and conditions of this Agreement,
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| including, without limitation, the restrictions, conditions, limitations
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| and exclusions set forth in this Agreement, DELL hereby grants to you a
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| non‑exclusive, limited license under DELL's copyrights to, without
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| modification: (i) download, install and use the Binaries; and (ii) to
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| reproduce and redistribute the Binaries.
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| 
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| 1.2 Redistribution Restrictions. Redistribution of the Binaries is subject
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| to the following restrictions: (i) Binaries may only be redistributed
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| without modification in binary format; (ii) redistribution of the Binaries
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| must include the license file setting forth the terms and condition of
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| this Agreement; (iii) you may not use Dell Technologies' or its affiliates
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| or subsidiaries name, logo or trademarks; and (iv) copyright or any other
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| notices that appear on the Binaries may not be removed or obscured.
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| 
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| 1.3 Additional Restrictions. Except as expressly permitted by this
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| Agreement, you shall have no right to sublicense, transfer or otherwise
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| disclose the Binaries to any third party.  You shall not reverse engineer,
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| reverse assemble, reverse translate, decompile or reduce to source code
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| form any portion of the Binaries. Except for the purposes expressly
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| permitted in this Agreement, you shall not use the Binaries for any other
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| purpose. DELL (or its licensors) shall retain title and all ownership
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| rights in and to the Binaries and all copies thereof. You shall not
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| subject the Binaries to any third‑party license terms (e.g., open source
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| license terms). DELL hereby reserves all rights not expressly granted
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| herein.
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| 1.4 Third Party Software. The Binaries may contain code owned by third
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| parties. Such third‑party code may be licensed under additional terms and
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| conditions if separately included. You agree to comply with all terms and
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| conditions imposed on you in such applicable third‑party licenses, if any.
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| Those terms and conditions may impose additional obligations on you as a
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| condition to the permitted use of such third‑party code.
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| 
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| 1.5 No Technical Support. DELL is under no obligation to provide any form
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| of technical support for the Binaries, and if DELL, in its sole discretion,
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| chooses to provide any form of support or information relating to the
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| Binaries, such support and information shall be at DELL’s full discretion.
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| 
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| 2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
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| DOWNLOAD, INSTALLATION OR OTHER USE OF THE BINARIES IS AT YOUR SOLE RISK.
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| THE BINARIES AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND
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| WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO WARRANTIES,
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| EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE BINARIES OR ANY OTHER
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| INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT
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| NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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| OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE.
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| 3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this
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| Agreement, nor any act by DELL shall provide to You any license or any
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| other rights, except for the rights expressly licensed under this
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| Agreement.
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| 4. TERMINATION. This Agreement shall be effective upon acceptance,
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| including any download, installation or other use of the Binaries by you
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| and shall continue until terminated. You may terminate the Agreement at
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| any time by deleting and destroying all copies of the Binaries. This
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| Agreement terminates immediately and automatically, with or without
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| notice, if you fail to comply with any provision hereof.
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| 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DELL, DELL'S AFFILIATES OR
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| ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR
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| SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST
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| SAVINGS, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY
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| 7. ASSIGNMENT. You shall not assign this Agreement or any right or
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| interest under this Agreement, nor delegate any obligation to be performed
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| 8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all
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| applicable local, international and national laws and regulations and
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| with U.S. Export Administration Regulations, as they apply to the subject
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| State of Texas.
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| 9. CONTRACTING PARTIES. If the Binaries are downloaded, installed or
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| otherwise used on any platform owned by a corporation or other legal
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| entity. By taking any such actions, You represent and warrant to DELL that
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| this Agreement.
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| MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement
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| between DELL and you regarding the subject matter hereof. If any of the
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| provisions of this Agreement are determined to be invalid, illegal, or
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| otherwise unenforceable, the remaining provisions shall remain in full
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| force and effect.
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