Dell BSAFE™ OEM and Dell End User License Agreements January 2021
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14.01.21 Dell BSAFE OEM and Dell End User License Agreements This document presents the Dell BSAFE OEM license agreement and end user license agreement. Contents: Dell BSAFE OEM License Agreement ..........................................................2 Dell End User License Agreement ...............................................................14 © 2021 Dell Inc. or its subsidiaries. All rights reserved. Dell, BSAFE and other trademarks are trademarks of Dell Inc. or its subsidiaries.
Dell BSAFE OEM License Agreement Dell BSAFE OEM License Agreement *** IMPORTANT INFORMATION - PLEASE READ CAREFULLY *** This Software contains computer programs and other proprietary material and information, the use of which is subject to and expressly conditioned upon acceptance of this License Agreement (the "Agreement").
Dell BSAFE OEM License Agreement D. "Documentation" means the then-current, generally available, written user manuals and online help and guides for Software or Hardware provided by Licensor. E. "End User" means a person or an entity receiving a Licensed Product from Customer or a Distributor for its own use and not for redistribution. F.
Dell BSAFE OEM License Agreement B. Restrictions on License for Software. (1) No Stand-Alone Use.
Dell BSAFE OEM License Agreement B. Ownership of Trademarks. By this Agreement, Customer acquires no rights of any kind in or to any Licensor trademark, service mark, trade name, logo or product designation and shall not make any use of the same for any reason except as expressly authorized by this Agreement or otherwise authorized in writing by Licensor. Customer shall cease to use in any manner such markings or any similar markings upon the expiration or termination of this Agreement. C.
Dell BSAFE OEM License Agreement C. WARRANTY DISCLAIMER. OTHER THAN LICENSOR'S EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, LICENSOR AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer's sole remedy for breach of such express limited warranties is a correction, Fix or refund as set forth in this Section 5. 6.
Dell BSAFE OEM License Agreement E. Suppliers. The foregoing limitations shall also apply in favor of Licensor's suppliers. 8. INTENTIONALLY LEFT BLANK. 9. CONFIDENTIALITY.
Dell BSAFE OEM License Agreement Notices shall be sent to the address, facsimile number or email address set forth below, or at such other address, facsimile number or email address as provided to the other party in writing. Notices shall be sent to: Dell Inc., Attn: Contracts Manager, One Dell Way, Round Rock, Texas 78682, or by e-mail to: Dell_Legal_Notices@dell.com.
Dell BSAFE OEM License Agreement D. Warranty Exclusions.
Dell BSAFE OEM License Agreement 3. Section 12 (MISCELLANEOUS). Add the following as new subsection J: J. Each of the parties acknowledges and agrees that in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement as a warranty.
Dell BSAFE OEM License Agreement Agreement, failure to do back-ups of data or any other matter under the control of the Customer. For the purposes of this Section 7, the term "loss" shall include a partial loss, as well as a complete or total loss. D.
Dell BSAFE OEM License Agreement In such event, Customer shall first inform Licensor of its intention and request Licensor to provide Customer with the necessary information. Licensor may impose reasonable conditions on the provision of the requested information, including the payment of a reasonable fee. D. Australia.
Dell BSAFE OEM License Agreement 7. LIMITATION OF LIABILITY. A. Limitation on Direct Damages.
Dell End User License Agreement Dell End User License Agreement Congratulations on your new purchase! Your purchase and use of this product is subject to and governed by the Dell Commercial Terms of Sale, unless you have a separate written agreement with Dell or an affiliate that specifically applies to your order, and the Dell End User License Agreement (EULA), which are each presented below in the following order: * Commercial Terms of Sale * End User License Agreement (EULA) The Commercial Terms of Sale
Dell End User License Agreement 1. Subject Matter and Parts of CTS. 1.1 Scope. This CTS governs Customer's procurement and Supplier's provisioning of Products, Services and Third Party Products (if applicable) (collectively "Offerings"), for Customer's own internal use. 1.2 Products and Services. "Products" are either: (i) Supplier-branded IT hardware products ("Equipment") or (ii) Supplier-branded generally available software, whether microcode, firmware, operating systems or applications ("Software").
Dell End User License Agreement 2.3 Incorporation by Reference. Each Order which covers the procurement and sale of any Offering that is within the scope of a Schedule listing certain specific Offerings and signed under this CTS shall be deemed to incorporate by reference the terms of this CTS. 2.4 Product- and Service-Specific Terms.
Dell End User License Agreement "Delivery" for Software occurs either when Supplier provides physical media (or the Equipment on which it is installed) to the carrier at Supplier's designated point of shipment, or the date Supplier notifies Customer that Software is available for electronic download. Unless otherwise agreed, cost of transit insurance on behalf of Customer shall be included in the total price stated on the Quote. 3.3 Acceptance.
Dell End User License Agreement E. Replacements. All replaced Equipment or components thereof shall be returned to Supplier and become the property of Supplier upon receipt of the replaced Equipment or components at the specified Supplier facility unless specifically agreed otherwise in an Order.
Dell End User License Agreement right to sublicense) the Deliverables provided by Supplier for Customer's internal business purposes, only and solely in accordance with the applicable Service Specification and subject to this CTS. Customer may authorize its service providers to use the Deliverables, but solely on Customer's behalf, solely for Customer's internal business purposes, and Customer shall be responsible for service provider's compliance with these restrictions.
Dell End User License Agreement If Customer advises Supplier of a material error, (a) any amounts corrected by Supplier in writing must be paid within 14 days of correction, and (b) all other amounts shall be paid by Customer by the due date. If Customer withholds payment because Customer believes an invoiced amount is incorrect, and Supplier concludes that the amount is accurate, Customer must pay interest on the unpaid disputed amount from the due date until Supplier's receipt of payment.
Dell End User License Agreement Customer's sole and exclusive remedy and Supplier's entire liability for a breach of this warranty is for Supplier, at its sole discretion, to either use commercially reasonable efforts to remedy the non-conformance or to terminate the license for the affected Software and provide a pro-rata refund of the license fees received by Supplier for such Software. 7.3 Services Warranty.
Dell End User License Agreement Dispute, but excluding amounts received as reimbursement of expenses or payment of taxes. Notwithstanding anything otherwise set forth above, Supplier (and its suppliers) shall have no liability for any direct damages resulting from Customer's use or attempted use of Third Party Software, Free Software or Development Tools, all defined in the EULA described in clause 4 above, or Third Party Products. B. Disclaimer of Certain Other Damages.
Dell End User License Agreement 10. Confidentiality. 10.1 Scope.
Dell End User License Agreement 12.2 Trade Compliance. Customer's purchase of Offerings and access to related technology (collectively, the "Materials") are intended for its own use, not for resale, export, re-export, or transfer. Customer is subject to and responsible for compliance with the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions.
Dell End User License Agreement 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 of Dell-branded Software and Dell-branded Products is Dell Products L.P., One Dell Way, Round Rock, Texas 78682. 12.6 Entire Agreement.
Dell End User License Agreement Commercial Terms of Sale (United States) Revision Date 11SEP2018 Commercial Terms of Sale Country Websites - Americas: 26 Country Websites Canada Dell.ca/terms Canada (French) Dell.ca/conditions Argentina www.dell.com/learn/ar/es/arcorp1/terms-of-sale Aruba www.dell.com/learn/aw/en/awcorp1/terms-of-sale Bahamas www.dell.com/learn/bs/en/bscorp1/terms-of-sale Barbados http://www1.la.dell.com/content/default.aspx?c=bb&l=en&s=gen& Belize https://www1.la.dell.
Dell End User License Agreement Commercial Terms of Sale Country Websites - Europe: Country Websites Austria www.dell.at/Geschaeftsbedingungen Belgium (Dutch) www.dell.be/voorwaarden Belgium (French) www.dell.be/ConditionsGeneralesdeVente Czech www.dell.cz/podminky Denmark www.dell.dk/salgsbetingelser Finland www.dell.fi/myyntiehdot France www.dell.fr/ConditionsGeneralesdeVente Germany www.dell.de/Geschaeftsbedingungen Greece www.dell.gr/terms Ireland www.dell.ie/terms Italy www.
Dell End User License Agreement Commercial Terms of Sale Country Websites - ASIA and OCEANIA: Country Websites Australia http://www.dell.com/learn/au/en/aucorp1/terms-conditions-of-sale Hong Kong http://www.dell.com/learn/hk/en/hkcorp1/terms-of-sale?s=corp&c=hk&l=en&r edirect=1. India http://www.dell.com/learn/in/en/incorp1/terms-of-sale-commercial-and-publicsector Japan http://www.dell.com/learn/jp/ja/jpcorp1/terms-of-sale-commercial-and-public-s ector (Japan) Korea http://www.dell.
Dell End User License Agreement take those actions, and this EULA will be binding on that business entity unless the entity already has a Pre-Existing Agreement. If You do not agree to this EULA, do not install or use the Software.
Dell End User License Agreement 2. License Conditions. 2.1. You and Your Permitted Third Parties must do the following: A. Run the Software only on the hardware for which it was intended to operate, when applicable; B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider; C. Treat the Software as Dell confidential information; D.
Dell End User License Agreement G. Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software; H. Use any trademarks or service marks of Licensor, its affiliates or suppliers; I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; J. Copy, republish, upload, post or transmit the Software in any way; K.
Dell End User License Agreement 4. Compliance Verification.
Dell End User License Agreement 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.
Dell End User License Agreement special, consequential, exemplary, punitive, incidental or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, loss of use or procurement of substitute products or services. 12.2. Regular Backups. You are solely responsible for Your data. You must back up Your data before Licensor or a third party performs any remedial, upgrade or other work on Your production systems.
Dell End User License Agreement B. Subject to Section 13.4 D, if You are domiciled outside of the United States or Canada: (1) this EULA and any Dispute is governed by the substantive laws in force in the country in which the Licensor is located (as indicated in the Licensor Table located at www.dell.com/swlicensortable), without regard to its conflict of law rules; and (2) the exclusive place of jurisdiction for any Dispute shall be in such country. C. In any event, neither the U.N.
Dell End User License Agreement 13.6. Third Party Rights. Other than as expressly set out in this EULA, this EULA does not create any rights for any person who is not a party to it, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it. 13.7 Entire Agreement.
