Reference Guide

Internal Use - Confidential
O. Use the Software to create a competitive offering;
P. Use the Software to create other software, products or technologies unless the Software contains
Development Tools as described in Section 7;
Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent;
R. Use the Software for high risk activities, including without limitation online control systems, or use in
hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communications systems, air traffic control, life support, weapons systems or in
any other device or system in which function or malfunction of the Software could result in death,
personal injury or physical or environmental damage;
S. Use the Software for activities related to weapons of mass destruction, including but not limited to,
activities related to the design, development, production or use of nuclear materials, nuclear facilities,
nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and
T. Assign this EULA, or any right or obligation under this EULA, or delegate any performance, without
Dell’s prior written consent, unless You are transferring the Software in accordance with the
Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all
obligations under this EULA that You incurred prior to the effective date of the assignment.
3. Transferability. If You are an individual consumer, You may transfer the Software on a permanent basis
as part of the sale or transfer of the hardware system on which the Software is loaded, provided that You retain
no copies of any version of the Software. If You are a business entity, You may not transfer the Software to
another person or entity without the express written permission of Dell, unless allowed by applicable law stating
that transfer may not be restricted (note that a transfer fee may be charged by Dell).
4. Compliance Verification. If You are a business entity, You must: (a) maintain and use systems and
procedures that allow You to accurately track Your use of the Software; (b) certify to Dell in writing, at Dell’s
request, that Your use of Software fully complies with this EULA, indicating the number of Software licenses
deployed at that time; and (c) cooperate fully and timely with Dell and its auditors if Dell notifies You that it will
conduct an audit to confirm Your compliance with this EULA. Any such audit will be conducted during normal
business hours. If Dell determines that You have over-deployed Software, You agree to immediately purchase
licenses at the then-current list price to bring Your use into compliance. If You over-deployed Software by 5% or
more, then You agree to pay the total cost of the audit, in addition to any other liabilities You may have.
5. Third Party Software. “Third Party Software” is software, including open source software, that is
contained in or provided with the Software and is licensed by a third party under its own terms of use (“Third
Party Terms”). Third Party Software is governed solely by the applicable Third Party Terms and not by this
EULA. Third Party Terms may be provided with the Third Party Software or may be included in the OST Table.
For certain open source software, the applicable Third Party Terms may entitle You to obtain the corresponding
source files. You may find corresponding source files for such open source software at
https://opensource.dell.com/ or in the “About” or “Read Me” file of Software, or other locations that Licensor may
specify.
6. Free Software. “Free Software” means Software that is provided to You without additional charge (e.g.,
scripts that enable customer installation; code that enables You to monitor Your use of Dell products; etc.). You
may only use Free Software on or with equipment or in the operating environments for which Dell has designed
that Free Software to operate. Licensor may terminate any license to Free Software at any time in its sole
discretion. You may not transfer Free Software to anyone else.
7. Development Tools. If the Software includes development tools, such as scripting tools, APIs or sample
scripts (collectively “Development Tools”), and unless there is a separate agreement between You and Dell or
Licensor for the Development Tools, You may use such Development Tools to create new scripts and code for
the purpose of customizing Your use of the Software (within the parameters set forth in this EULA and in the
Development Tools themselves) and for no other purpose.