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140 Appendix
Dell™ Software License Agreement
This is a legal agreement between you, the user, and Dell Products, L.P ("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 product 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 product.
Installation on a network server solely for distribution to other products is not "use" if
(but only if) you have a separate license for each product 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 product contains compact discs, 3.5", and/or 5.25" disks, you may use
only the disks appropriate for your product. 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.