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Dell End User License Agreement
Dell BSAFE OEM and Dell End User License Agreements 29
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.
If You are a business entity and You purchase Software from a third party ("Reseller") who
sublicenses the Software to You under the terms of an agreement between You and such
Reseller (a "Sublicense Agreement"), then the terms of Your Sublicense Agreement with
the Reseller shall govern Your use of the Software and not this EULA. Resellers may
only grant rights, and must pass through conditions, consistent with this EULA. Thus,
even though Your Sublicense Agreement is between you and the Reseller, by installing or
using the Software, You acknowledge and agree that: (a) any license rights in the
Sublicense Agreement that are greater than the license rights in this EULA shall not
apply; (b) any license conditions in this EULA that are not contained in the Sublicense
Agreement apply to You; (c) the limitations of liability set forth in this EULA will apply in
favor of Licensor, its affiliates and suppliers despite the existence of a Sublicense
Agreement; and (d) Licensor is a third-party beneficiary of the Sublicense Agreement and
is entitled to exercise and enforce all of the Reseller's rights and benefits under that
Sublicense Agreement.
If You purchase Software as an individual consumer, nothing in this EULA affects your
statutory rights if the laws of your state or country do not permit it to do so.
1. License Grant.
1.1. Right to Use. Subject to and in consideration of your full compliance with the terms
and conditions of this EULA, Licensor grants to You a personal, non-exclusive license to
use the Software during the period stated in the applicable Order (if no period is specified,
You may use the Software perpetually). If You are an individual consumer, this license
grant allows You to use the Software in connection with Your own personal use. If You are
a business entity, this license grant allows You to use the Software in connection with the
internal business operations of Your entity. In addition, You may make a reasonable
number of copies of the Software solely as needed for backup or archival purposes.
Additional license terms for certain Software may be included in the Offering Specific
Terms Table located at www.dell.com/offeringspecificterms ("OST Table"), and additional
terms for Software that is licensed to You for a limited time ("Subscription Software") are
located at www.dellemc.com/subscription_terms ("Subscription Terms").
1.2. Third Party Use. If You are a business entity, You may allow Your contractors
(each, a "Permitted Third Party") to use the Software solely for the purpose of providing
services to You, provided that such use is in compliance with this EULA. You are liable
for any breach of this EULA by any Permitted Third Party.
1.3. Rights Reserved. The Software is licensed and not sold. Except for the license
expressly granted in this EULA, Licensor, on behalf of itself and its affiliates and suppliers,
retains all rights in and to the Software and in all related materials ("Works"). The rights in
these Works are valid and protected in all forms, media and technologies existing now or
hereafter developed. Any use of Works other than as expressly set forth herein is strictly
prohibited.
1.4. Ownership. Licensor, on behalf of itself and its affiliates, retains ownership of the
Works and all related intellectual property rights. If Software is provided to You on
removable media (e.g., CD, DVD or USB drive), You may own the media on which the
Software is recorded.