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52 Appendix
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Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST DELL arising from or relating to this limited
warranty, its interpretation, or the breach, termination or validity thereof, the relationships which result from this
limited warranty (including, to the full extent permitted by applicable law, relationships with third parties), Dell's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of
Procedure then in effect (available via the Internet at www.arb-forum.com, or via telephone at 800-474-2371). The
arbitration will be limited solely to the dispute or controversy between you and Dell. Any award of the arbitrator(s)
shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent
jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis,
MN 55405.
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"). 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 computer, 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 computer 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
computer. Installation on a network server solely for distribution to other computers is not
"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.