User's Manual

24
LIMITED WARRANTY
Dell warrants that the Software media will be free from
defects in materials and workmanship under normal
use for 90 days from the date you receive them. This
warranty is limited to you and is not transferable. Any
implied warranties are limited to 90 days from the date
you receive the Software. Some jurisdictions do not
allow limits on the duration of an implied warranty, so
this limitation may not apply to you. The entire liability
of Dell and its suppliers, and your exclusive remedy, shall
be either (a) termination of this Agreement and return
of the price paid for the Software or (b) replacement of
any media not meeting this warranty that is sent with
a return authorization number to Dell, as the case may
be, within the 90 day warranty period, at your cost and
risk. This limited warranty is void if any media damage
has resulted from accident, abuse, misapplication, or
service or modification by someone other than Dell. Any
replacement media warranted for the same time offered
in the original warranty.
Dell and its suppliers do NOT warrant that the functions
of the Software will meet your requirements or that
operation of the Software will be uninterrupted or error
free. You assume responsibility for selecting the Software
to achieve your intended results and for the use and
results obtained from the Software.
DELL, ON BEHALF OF ITSELF AND ITS SUPPLIERS,
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED,
OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTY REGARDING TITLE OR AGAINST
INFRINGEMENT, FOR THE SOFTWARE AND ALL
ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU
MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION
TO JURISDICTION.
IN NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW AN EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
OPEN SOURCE SOFTWARE
A portion of the Software may contain or consist of open
source software, which you can use under the terms and
conditions of the specific license under which the open
source software is distributed. If it is not used under the
terms and conditions, Dell, the Copyright holders, or the
contributors will not be liable for any direct or indirect
damages.
THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE
HOPE THAT IT WILL BE USEFUL, AND HAS THE SAME
WARRANTY GRANTED FOR THE SOFTWARE LICENSED
IN THE PRESENT AGREEMENT.
Peruvian Law The software and documentation are a
“computer program” as is defined at Legislative Decree
No. 822, Law on Copyrights, as well as by Andean
Decision No. 351, as “A set of instructions that through
words, codes, plans or by any other way, when is
incorporated in an automated reading device, is capable
of making a computer execute a certain task or achieve
a certain goal. The software protection includes also the
technical documents and the guides books”.
The end users acquire the software and documentation
with those rights set forth herein and set in the laws
mentioned in the paragraph above. 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 Chile 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.