Reference Guide

Internal Use - Confidential
8. Evaluation Software. This EULA does not license use of Software for evaluation purposes (“Evaluation
Software”) except to the extent these terms may be invoked by the separate license terms and conditions
accompanying that Evaluation Software.
9. Support Services Not Included. If You purchase maintenance and support for Software, such services
are identified in Your Order and will be provided under a separate services agreement.
10. Termination. For Subscription Software, this EULA automatically terminates at the end of Your
subscription period unless You renew Your rights. Licensor may terminate this EULA if You or a Permitted Third
Party commits a material breach of this EULA and fails to cure such breach within thirty (30) days following Your
receipt of notice of the breach from Dell. This right to terminate applies accordingly if Dell or the Reseller from
whom You made Your purchase does not receive timely payment for the licenses to the Software or for the
hardware on which the Software is loaded, if any. When this EULA terminates, all licenses granted automatically
terminate and You must immediately cease use of the Software and return or destroy all copies of the Software.
Except as otherwise agreed by Dell, You will not get a refund from Dell if this EULA is terminated. Rights and
obligations under Sections of this EULA that, by their nature should survive, will survive termination, as well as
obligations for payment.
11. Warranty Disclaimer. Under this EULA, Licensor provides neither any warranties for the Software
nor does it provide support for the Software. Your rights under any warranties and any support
entitlements for Software acquired for a fee are solely between You and the Reseller or Dell entity from
whom You procured the Software and related support, and are defined under the commercial terms
agreed between You and such selling entity. Accordingly, except as otherwise offered by Dell, the
Software is provided by Licensor under this EULA “As Is” without any warranties or conditions. To the
maximum extent permitted by applicable law, Licensor, on behalf of itself and its affiliates and suppliers:
(a) makes no express warranties or conditions related to the Software; (b) disclaims all implied
warranties and conditions related to the Software, including merchantability, fitness for a particular
purpose, title, and non-infringement; and (c) disclaims any warranty or condition arising by statute,
operation of law, course of dealing or performance, or usage of trade. Licensor does not warrant
uninterrupted or error-free operation of the Software. This Section does not affect or modify any of the
statutory warranty rights that are available to consumers.
12. Limitation of Liability.
12.1. Limitations on Damages. The limitations, exclusions and disclaimers set forth in a Pre-Existing
Agreement or Dell Terms of Sale that applies your Order (in each case, the “Order Terms”) shall apply to all
disputes, claims or controversies (whether in contract, tort or otherwise) between You and Licensor or Dell
related to or arising out of: (a) this EULA; (b) the breach, termination or validity of this EULA; or (c) any Orders
(each, a “Dispute”). In the absence of applicable Order Terms, the terms set forth in this Section shall apply to all
Disputes.
The terms of this Section are agreed allocations of risk constituting part of the consideration for Licensor’s
licensing of Software to You and will apply even if there is a failure of the essential purpose of any limited
remedy, and regardless of whether a party has been advised of the possibility of the liabilities. If applicable law
prohibits any portion of the limits on liability stated below, the parties agree that such limitation will be
automatically modified, but only to the extent required to make the limitation compliant with applicable law.
A. Limitation on Direct Damages. Except for Your obligation to pay for the Software, or for Your
violation of the License Grant and License Conditions set forth herein or of Licensor’s or Dell’s
intellectual property rights, the total liability of You and Licensor (including Licensor’s affiliates
and suppliers) arising out of any Dispute is limited to the amount You paid for the Software that
is the subject of the Dispute, but excluding amounts received as reimbursement of expenses or
payment of taxes. Notwithstanding anything otherwise set forth above, Licensor and its
affiliates have no liability for any direct damages resulting from Your use or attempted use of
Third Party Software, Free Software or Development Tools.