User's Manual

25
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 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.
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,
at Dell’s option, 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,
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 is warranted for the remaining
original warranty period or 30 days, whichever is longer.
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.
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.
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 Republic of Chile,
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.