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Appendix 115
"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 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.
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.