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2 Dell BSAFE OEM and Dell End User License Agreements
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").
This Agreement is a legally binding document between you (meaning the individual
person or the entity that the individual represents that has obtained the Software for its
internal productive use and not for outright resale) (the "Customer") and Licensor (which
may be a Dell Inc. Affiliate or an authorized reseller, as explained below). Capitalized
terms have meaning stated in the Agreement.
By clicking on the "Agree" or "Accept" or similar button at the end of this Agreement, or
proceeding with the installation, downloading, use or reproduction of this Software, or
authorizing any other person to do so, you are representing to Licensor that you are (i)
authorized to bind the Customer; and (ii) agreeing on behalf of the Customer that the
terms of this Agreement shall govern the relationship of the parties with regard to the
subject matter in this Agreement and are waiving any rights, to the maximum extent
permitted by applicable law, to any claim anywhere in the world concerning the
enforceability or validity of this Agreement.
If you do not have authority to agree to the terms of this Agreement on behalf of the
Customer, or do not accept the terms of this Agreement on behalf of the Customer, click
on the "Cancel" or "Decline" or other similar button at the end of this Agreement and/or
immediately cease any further attempt to install, download or use this Software for any
purpose, and remove any partial or full copies made from this Software.
1. DEFINITIONS.
A. "Affiliate" means a legal entity that is controlled by, controls, or is under common
"control" of Licensor or Customer. "Control" means more than 50% of the voting power or
ownership interests.
B. "Confidential Information" means and includes the terms of this Agreement and
Software and all confidential and proprietary information of Licensor or Customer,
including without limitation, all business plans, product plans, financial information,
software, designs, and technical, business and financial data of any nature whatsoever,
provided that such information is marked or designated in writing as "confidential,"
"proprietary," or any other similar term or designation. Confidential Information does not
include information that is (i) rightfully in the receiving party's possession without
obligation of confidentiality prior to receipt from the disclosing party, (ii) a matter of public
knowledge through no fault of the receiving party, (iii) rightfully furnished to the receiving
party by a third party without restriction on disclosure or use; or (iv) independently
developed by the receiving party without use of or reference to the disclosing party's
Confidential Information.
C. "Distributor" means a reseller, distributor, system integrator, service provider,
independent software vendor, value-added reseller, OEM or other partner that is
authorized by Licensor to license Software to end users. The term shall also refer to any
third party duly authorized by a Distributor to license Software to end users.