User's Manual

23
THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED
IN THE HOPE THAT IT WILL BE USEFUL, BUT IS
PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS,IMPLIED OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR ANY WARRANTY REGARDING TITLE OR
AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL,
THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTUTUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS
OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The software and documentation are “commercial
items” as that term is defined at 48 C.F.R. 2.101,
consisting of “commercial computer software” and
“commercial computer software documentation” as
such terms are used in 48 C.F.R. 12.212. Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4, all U.S. Government end users acquire the
software and documentation with only those rights set
forth herein. Contractor/manufacturer is Dell Products
L.P., One Dell Way, Round Rock, Texas 78682.
GENERAL
This license is effective until terminated. It will terminate
upon the conditions set forth above or if you fail to
comply with any of its terms. Upon termination, you
agree that the Software and accompanying materials,
and all copies thereof, will be destroyed. This Agreement
is governed by the laws of the State of Texas, without
regard to principles of conflicts of laws. Each provision
of this Agreement is severable. If a provision is found
to be unenforceable, this finding does not affect the
enforceability of the remaining provisions of this
Agreement. This Agreement is binding on successors
and assigns. Dell agrees and you agree to waive, to the
maximum extent permitted by law, any right to a jury trial
with respect to the Software or this Agreement. Because
this waiver may not be effective in some jurisdictions,
this waiver may not apply to you. You acknowledge that
you have read this Agreement, that you understand it,
that you agree to be bound by its terms, and that this is
the complete and exclusive statement of the Agreement
between you and Dell regarding the Software.
SUPPLEMENTAL TERMS FOR EMC SOFTWARE
You may use one copy of the Software on only one
computer or device at a time for your own internal
business purposes. You shall not, without Dell’s prior
written consent copy, provide, disclose or otherwise
make available Software in any form to anyone other
than your employees, consultants or independent
contractors who shall use the Software in a manner that
is consistent with this Agreement.
Notwithstanding anything to the contrary in the
Agreement, licenses to Software are non-exclusive,
non-transferable and non-sub licensable and subject
to the restriction that the Software be used solely in
conjunction with the equipment (storage system or
switch/hub) or related central processing unit for which
it was licensed.
Rev. 110109
Dell Software License Agreement (for Peru only)
This is a legal agreement (“Agreement”) between you,
the user, and Dell Products L.P or Dell Global B.V.
(“Dell”). This Agreement covers all software that is
distributed with or for the Dell product (and upgrades
and updates thereto), 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
(media, written materials, and packaging) and delete any
preloaded or embedded Software.
You may use one copy of the Software on only one
Dell computer or device 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 or device. Installation on a network server
solely for distribution to other computers or devices
is not “use” if (but only if) you have a separate license
for each computer or device 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 and other
applicable copyright laws, as Peruvian 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 or storage device
provided you keep the copy solely for backup or archival
purposes. You shall reproduce and include copyright
and other proprietary notices on and in any copies for
the Software. You may not sublicense, 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, modify or create derivative works of the
Software. If the package accompanying your computer
or device contains optical discs, or other storage media,
you may use only the media appropriate for your
computer or device. You may not use the optical discs or
storage media on another computer, device or network,
or loan, rent, lease, or transfer them to another user
except as permitted by this Agreement.