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4 Dell BSAFE OEM and Dell End User License Agreements
Dell BSAFE OEM License Agreement
B. Restrictions on License for Software.
(1) No Stand-Alone Use. Customer shall not, and shall not authorize any third party to,
(a) in any way sell, license or otherwise distribute the Software except as part of a
Licensed Product; (b) make the Software directly accessible to End Users or to products
other than the Licensed Product; (c) permit the Software to be accessed in any way other
than by the functionality of the Licensed Product in which it is included; or (d) expose or
pass through a Licensor application programming interface. In addition, a Licensed
Product (i) must represent a significant functional and value enhancement to the Software
such that the primary reason to license the Licensed Product is other than to receive a
license to the functionality of the Software, and (ii) must not be a security add-on or
"bolt-on", the primary purpose of which is to provide security to a third party's product.
(2) No Modification of Software or Disclosure of Analysis. Customer shall not (a)
modify, translate, reverse engineer, reverse compile or otherwise reduce the Software to
human readable form, or (b) disclose to any third party of the results of any benchmarking
or competitive analysis of the Software that Customer may perform, without Licensor's
prior written consent.
(3) Sublicensing and Private Labeling. Unless otherwise indicated in this Agreement,
Customer shall cause Licensed Products resold by Distributors to bear Customer's
trademarks and service marks, and Customer shall not cause or permit Distributors or
any other third party to privately label, add to or modify the Licensed Products or any
portion thereof. Customer has no right to sublicense the Software or Licensed Products
except to End Users as permitted under this Agreement.
(4) No Combination with Open Source Software. Some third party license terms
require that computer code be generally (a) disclosed in source code form to third parties,
(b) licensed to third parties for the purpose of making derivative works, or (c)
redistributable to third parties at no charge (collectively, "Excluded License Terms").
Customer shall not incorporate, modify, combine or distribute the Software with any other
computer code in a manner that would subject the Software to Excluded License Terms.
(5) Audit Rights. Licensor (including its independent auditors) shall have the right to
audit Customer's usage of Software to confirm compliance with the agreed terms. Such
audit is subject to reasonable advance notice by Licensor and shall not unreasonably
interfere with Customer's business activities. Customer will provide Licensor with the
support required to perform such audit and will, without prejudice to other rights of
Licensor, address any non-compliant situations identified by the audit by forthwith
procuring additional licenses.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
A. Ownership of Software. Licensor or its licensors or suppliers are the exclusive
owners of all Software and Documentation (including revisions, modifications and
enhancements thereto) and any other specifications, documentation, ideas, know-how,
techniques, processes, inventions or other intellectual property that Licensor or its
licensors or suppliers may develop, conceive or deliver under this Agreement, including
all patents, copyrights and other intellectual property rights thereto.