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32 Dell BSAFE OEM and Dell End User License Agreements
Dell End User License Agreement
4. Compliance Verification. If You are a business entity, You must: (a) maintain and
use systems and procedures that allow You to accurately track Your use of the Software;
(b) certify to Dell in writing, at Dell's request, that Your use of Software fully complies with
this EULA, indicating the number of Software licenses deployed at that time; and (c)
cooperate fully and timely with Dell and its auditors if Dell notifies You that it will conduct
an audit to confirm Your compliance with this EULA. Any such audit will be conducted
during normal business hours. If Dell determines that You have over-deployed Software,
You agree to immediately purchase licenses at the then-current list price to bring Your
use into compliance. If You over-deployed Software by 5% or more, then You agree to
pay the total cost of the audit, in addition to any other liabilities You may have.
5. Third Party Software. "Third Party Software" is software, including open source
software, that is contained in or provided with the Software and is licensed by a third party
under its own terms of use ("Third Party Terms"). Third Party Software is governed solely
by the applicable Third Party Terms and not by this EULA. Third Party Terms may be
provided with the Third Party Software or may be included in the OST Table. For certain
open source software, the applicable Third Party Terms may entitle You to obtain the
corresponding source files. You may find corresponding source files for such open source
software at https://opensource.dell.com/ or in the "About" or "Read Me" file of Software, or
other locations that Licensor may specify.
6. Free Software. "Free Software" means Software that is provided to You without
additional charge (e.g., scripts that enable customer installation; code that enables You to
monitor Your use of Dell products; etc.). You may only use Free Software on or with
equipment or in the operating environments for which Dell has designed that Free
Software to operate. Licensor may terminate any license to Free Software at any time in
its sole discretion. You may not transfer Free Software to anyone else.
7. Development Tools. If the Software includes development tools, such as scripting
tools, APIs or sample scripts (collectively "Development Tools"), and unless there is a
separate agreement between You and Dell or Licensor for the Development Tools, You
may use such Development Tools to create new scripts and code for the purpose of
customizing Your use of the Software (within the parameters set forth in this EULA and in
the Development Tools themselves) and for no other purpose.
8. Evaluation Software. This EULA does not license use of Software for evaluation
purposes ("Evaluation Software") except to the extent these terms may be invoked by the
separate license terms and conditions accompanying that Evaluation Software.
9. Support Services Not Included. If You purchase maintenance and support for
Software, such services are identified in Your Order and will be provided under a separate
services agreement.
10. Termination. For Subscription Software, this EULA automatically terminates at the
end of Your subscription period unless You renew Your rights. Licensor may terminate this
EULA if You or a Permitted Third Party commits a material breach of this EULA and fails
to cure such breach within thirty (30) days following Your receipt of notice of the breach
from Dell. This right to terminate applies accordingly if Dell or the Reseller from whom
You made Your purchase does not receive timely payment for the licenses to the
Software or for the hardware on which the Software is loaded, if any. When this EULA
terminates, all licenses granted automatically terminate and You must immediately cease
use of the Software and return or destroy all copies of the Software.