Reference Guide

40 Important Information

IN NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES

WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF

BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION

OR OTHER DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY

TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE

ABOVE LIMITATION MAY NOT APPLY TO YOU.

Hosted & Internet-Accessible Software

Some or all of the Software may be remotely hosted or accessible to you through the Internet. In

such case, Dell may suspend, terminate, withdraw, or discontinue all or part of the Software or

your access to the Software upon receipt of a subpoena or law-enforcement request, or when Dell

believes, in its sole discretion, that you have breached any term of this Agreement or are involved

in any fraudulent, misleading, or illegal activities. Dell may modify the Software at any time with

or without prior notice to you. Dell may perform scheduled or unscheduled repairs or

maintenance, or remotely patch or upgrade the Software installed on its and your computer

system(s), which may temporarily degrade the quality of the Software or result in a partial or

complete outage of the Software. Updates, patches or alerts may be delivered from Dell servers,

which may be located outside of your country. Dell provides no assurance that you will receive

advance notification of such activities or that your use of the Software will be uninterrupted or

error-free.

Open Source Software

A portion of the Software may contain or consist of open source software, which you can use

under the terms and conditions of the specific license under which the open source software is

distributed.

THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE

USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS,IMPLIED,

OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY

REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL DELL, THE

INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES

(INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTUTUTE GOODS OR

SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING

IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF

ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Under certain open source software licenses, you are entitled to obtain the corresponding source

files. You may find corresponding source files for the Software at http://opensource.dell.com or at

such other locations indicated by Dell.