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linux-firmware/LICENSE.dell
2025-10-03 21:22:54 +08:00

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