|
|
End User License Agreement
|
|
|
|
|
|
This End User License Agreement (“EULA”) is between the individual
|
|
|
consumer or business entity that will use the Software (“You”)
|
|
|
and the applicable entity identified in the “Licensor Table”
|
|
|
located at www.dell.com/swlicensortable (“Licensor”).
|
|
|
|
|
|
This EULA governs Your use of: (a) the object code version of Dell
|
|
|
branded software that is preinstalled on Dell hardware or otherwise
|
|
|
provided to You pursuant to a purchase contract, quote, order form,
|
|
|
invoice or online procurement process (each, an “Order”); (b)
|
|
|
associated software license keys, if any (“License Keys”); (c)
|
|
|
updates to such software (“Updates”); (d) the documentation for
|
|
|
such software; and (e) all copies of the foregoing (collectively,
|
|
|
“Software”). If You accept this EULA, or if You install or use
|
|
|
the Software, then You agree to this EULA unless You already have a
|
|
|
signed agreement with Dell Marketing L.P. or one of its affiliates
|
|
|
(“Dell”) that includes licensing terms that govern Your use
|
|
|
of the Software (“Pre-Existing Agreement”). If You accept this
|
|
|
EULA or install or use the Software on behalf of a business entity,
|
|
|
then You represent that You have authority to 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.delltechnologies.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.
|
|
|
|
|
|
2. License Conditions.
|
|
|
|
|
|
2.1. You and Your Permitted Third Parties must do the following:
|
|
|
|
|
|
A. Run the Software only on the hardware for which it was intended
|
|
|
to operate, when applicable; B. Use License Keys (if applicable) only
|
|
|
from Licensor or an authorized Dell License Key provider; C. Treat the
|
|
|
Software as Dell confidential information; D. Use the Software only on
|
|
|
as many computers or devices that You purchased, in such configurations
|
|
|
permitted by Dell or Licensor, and/or in accordance with the applicable
|
|
|
unit of measure, each as may be specified on Your Order. For Software
|
|
|
licensed via a unit of measure, the terms and descriptions of each
|
|
|
unit of measure are located at www.delltechnologies.com/UOM_terms
|
|
|
(“UOM Terms”); E. Abide and be responsible for compliance with
|
|
|
the export control and economic sanctions laws of the United States,
|
|
|
the European Union, and other applicable jurisdictions (collectively,
|
|
|
“Applicable Trade Laws”). Software may not be used, sold, leased,
|
|
|
exported, imported, re-exported, or transferred except in compliance
|
|
|
with the Applicable Trade Laws. You represent and warrant that You
|
|
|
or Your Permitted Third Parties are not the subject or target of,
|
|
|
or located in a country or territory that is the subject or target
|
|
|
of economic sanctions under the Applicable Trade Laws. For further
|
|
|
information about geographical restrictions and compliance with
|
|
|
Applicable Trade Laws, visit www.dell.com/tradecompliance; and
|
|
|
F. Comply with all Third Party Terms (as defined in Section 5 below).
|
|
|
|
|
|
2.2. Except as otherwise permitted by this EULA or by mandatory law
|
|
|
(meaning a law that the parties cannot change by contract), You
|
|
|
must not, and must not allow Your Permitted Third Parties, to do
|
|
|
the following:
|
|
|
|
|
|
A. Modify or remove any proprietary notices or markings on or in the
|
|
|
Software; B. Transfer License Keys to any other person or entity;
|
|
|
C. Download Updates from Licensor or an authorized provider unless
|
|
|
You have a valid support agreement; D. Install Updates on Enterprise
|
|
|
Products (e.g., server, networking, storage, integrated solutions,
|
|
|
and data protection appliances) that have gone end of service life
|
|
|
unless Licensor otherwise agrees in writing; E. Install and operate
|
|
|
counterfeit versions of Software (i.e. software provided by anyone
|
|
|
other than Dell or an authorized representative of Dell) on Dell
|
|
|
hardware; F. Violate or circumvent any technological use restrictions
|
|
|
in the Software; G. Sell, loan, rent, lease, sublicense, distribute
|
|
|
or encumber (e.g., by lien, security interest, etc.) the Software;
|
|
|
H. Use any trademarks or service marks of Licensor, its affiliates
|
|
|
or suppliers; I. Provide access to the Software or allow use by any
|
|
|
third party, other than Permitted Third Parties, without Licensor's
|
|
|
prior written consent; J. Copy, republish, upload, post or transmit
|
|
|
the Software in any way; K. Modify or create derivative works based
|
|
|
upon the Software, or decompile, disassemble, reverse engineer,
|
|
|
or otherwise attempt to derive source code from the Software, in
|
|
|
whole or in part; L. Attack or attempt to undermine the security,
|
|
|
integrity, authentication or intended operation of the Software;
|
|
|
M. Use the Software on a service bureau, rental or managed services
|
|
|
basis; N. Create or permit others to create Internet "links" to the
|
|
|
Software or "frame" or "mirror" the Software on any other server,
|
|
|
wireless or Internet-based device; O. Use the Software to create a
|
|
|
competitive offering; P. Use the Software to create other software,
|
|
|
products or technologies unless the Software contains Development
|
|
|
Tools as described in Section 7; Q. Share or publish the results
|
|
|
of any benchmarking of the Software without Dell’s prior written
|
|
|
consent; R. Use the Software for high risk activities, including
|
|
|
without limitation online control systems, or use in hazardous
|
|
|
environments requiring fail-safe performance, such as in the operation
|
|
|
of nuclear facilities, aircraft navigation or communications systems,
|
|
|
air traffic control, life support, weapons systems or in any other
|
|
|
device or system in which function or malfunction of the Software
|
|
|
could result in death, personal injury or physical or environmental
|
|
|
damage; S. Use the Software for activities related to weapons of mass
|
|
|
destruction, including but not limited to, activities related to the
|
|
|
design, development, production or use of nuclear materials, nuclear
|
|
|
facilities, nuclear weapons, missiles or support of missile projects,
|
|
|
or chemical or biological weapons; and T. Assign this EULA, or any
|
|
|
right or obligation under this EULA, or delegate any performance,
|
|
|
without Dell’s prior written consent, unless You are transferring the
|
|
|
Software in accordance with the Transferability Section 3 below. Even
|
|
|
if Dell consents to an assignment, You remain responsible for all
|
|
|
obligations under this EULA that You incurred prior to the effective
|
|
|
date of the assignment.
|
|
|
|
|
|
3. Transferability. If You are an individual consumer, You may transfer
|
|
|
the Software on a permanent basis as part of the sale or transfer
|
|
|
of the hardware system on which the Software is loaded, provided
|
|
|
that You retain no copies of any version of the Software. If You
|
|
|
are a business entity, You may not transfer the Software to another
|
|
|
person or entity without the express written permission of Dell,
|
|
|
unless allowed by applicable law stating that transfer may not be
|
|
|
restricted (note that a transfer fee may be charged by Dell).
|
|
|
|
|
|
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 //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. Except as otherwise agreed by Dell, You will not get a
|
|
|
refund from Dell if this EULA is terminated. Rights and obligations
|
|
|
under Sections of this EULA that, by their nature should survive,
|
|
|
will survive termination, as well as obligations for payment.
|
|
|
|
|
|
11. Warranty Disclaimer. Under this EULA, Licensor provides neither
|
|
|
any warranties for the Software nor does it provide support for the
|
|
|
Software. Your rights under any warranties and any support entitlements
|
|
|
for Software acquired for a fee are solely between You and the Reseller
|
|
|
or Dell entity from whom You procured the Software and related support,
|
|
|
and are defined under the commercial terms agreed between You and such
|
|
|
selling entity. Accordingly, except as otherwise offered by Dell,
|
|
|
the Software is provided by Licensor under this EULA “As Is”
|
|
|
without any warranties or conditions. To the maximum extent permitted
|
|
|
by applicable law, Licensor, on behalf of itself and its affiliates
|
|
|
and suppliers: (a) makes no express warranties or conditions related
|
|
|
to the Software; (b) disclaims all implied warranties and conditions
|
|
|
related to the Software, including merchantability, fitness for a
|
|
|
particular purpose, title, and non-infringement; and (c) disclaims any
|
|
|
warranty or condition arising by statute, operation of law, course of
|
|
|
dealing or performance, or usage of trade. Licensor does not warrant
|
|
|
uninterrupted or error-free operation of the Software. This Section
|
|
|
does not affect or modify any of the statutory warranty rights that
|
|
|
are available to consumers.
|
|
|
|
|
|
12. Limitation of Liability.
|
|
|
|
|
|
12.1. Limitations on Damages. The limitations, exclusions and
|
|
|
disclaimers set forth in a Pre-Existing Agreement or Dell Terms of
|
|
|
Sale that applies your Order (in each case, the “Order Terms”)
|
|
|
shall apply to all disputes, claims or controversies (whether in
|
|
|
contract, tort or otherwise) between You and Licensor or Dell related
|
|
|
to or arising out of: (a) this EULA; (b) the breach, termination or
|
|
|
validity of this EULA; or (c) any Orders (each, a “Dispute”). In
|
|
|
the absence of applicable Order Terms, the terms set forth in this
|
|
|
Section shall apply to all Disputes.
|
|
|
|
|
|
The terms of this Section are agreed allocations of risk constituting
|
|
|
part of the consideration for Licensor’s licensing of Software to You
|
|
|
and will apply even if there is a failure of the essential purpose of
|
|
|
any limited remedy, and regardless of whether a party has been advised
|
|
|
of the possibility of the liabilities. If applicable law prohibits
|
|
|
any portion of the limits on liability stated below, the parties agree
|
|
|
that such limitation will be automatically modified, but only to the
|
|
|
extent required to make the limitation compliant with applicable law.
|
|
|
|
|
|
A. Limitation on Direct Damages. Except for Your obligation to pay
|
|
|
for the Software, or for Your violation of the License Grant and
|
|
|
License Conditions set forth herein or of Licensor’s or Dell’s
|
|
|
intellectual property rights, the total liability of You and Licensor
|
|
|
(including Licensor’s affiliates and suppliers) arising out of any
|
|
|
Dispute is limited to the amount You paid for the Software that is the
|
|
|
subject of the Dispute, but excluding amounts received as reimbursement
|
|
|
of expenses or payment of taxes. Notwithstanding anything otherwise
|
|
|
set forth above, Licensor and its affiliates have no liability for
|
|
|
any direct damages resulting from Your use or attempted use of Third
|
|
|
Party Software, Free Software or Development Tools.
|
|
|
|
|
|
B. Disclaimer of Certain Other Damages. Except for Your obligation to
|
|
|
pay for the Software, or for Your violation of the License Grant and
|
|
|
License Conditions set forth herein or of Licensor’s or Dell’s
|
|
|
intellectual property rights, neither You nor Licensor (including
|
|
|
Licensor’s affiliates and suppliers) shall have any liability
|
|
|
under this EULA for special, consequential, exemplary, punitive,
|
|
|
incidental or indirect damages, or for lost profits, loss of revenue,
|
|
|
loss or corruption of data, loss of use or procurement of substitute
|
|
|
products or services.
|
|
|
|
|
|
12.2. Regular Backups. You are solely responsible for Your data. You
|
|
|
must back up Your data before Licensor or a third party performs
|
|
|
any remedial, upgrade or other work on Your production systems. You
|
|
|
acknowledge that it is a best practice to have more than one back up
|
|
|
copy of Your data. If applicable law prohibits exclusion of liability
|
|
|
for lost data, then Licensor will only be liable for the cost of
|
|
|
the typical effort to recover the lost data from Your last available
|
|
|
back up.
|
|
|
|
|
|
12.3. Limitation Period. Except as stated in this Section, all claims
|
|
|
must be made within the period specified by applicable law. If the law
|
|
|
allows the parties to specify a shorter period for bringing claims,
|
|
|
or the law does not provide a time at all, then claims must be made
|
|
|
within 18 months after the cause of action accrues.
|
|
|
|
|
|
13. Additional Terms.
|
|
|
|
|
|
13.1. Notices. The parties will provide all notices under this EULA
|
|
|
in writing. Unless provided otherwise in an Order, You must provide
|
|
|
notices to the local Dell entity in Your Order, or, if Your Order is
|
|
|
not with a Dell entity, by e-mail to Dell_Legal_Notices@dell.com.
|
|
|
|
|
|
13.2. Waiver and Severability. Failure to enforce a provision of this
|
|
|
EULA will not constitute a waiver of that or any other provision of
|
|
|
this EULA. If a court of competent jurisdiction determines that any
|
|
|
part of this EULA or document that incorporates this EULA by reference
|
|
|
is unenforceable, that ruling will not affect the validity of all
|
|
|
remaining parts.
|
|
|
|
|
|
13.3. Modifications. This EULA may only be modified in writing
|
|
|
signed by both parties; provided, however, that Licensor may, in
|
|
|
its sole discretion, update the Licensor Table, the OST Table, the
|
|
|
UOM Terms and the Subscription Terms at any time. Any changes that
|
|
|
Licensor makes to the Licensor Table, the OST Table, the UOM Terms
|
|
|
or the Subscription Terms will only apply to Orders that occur after
|
|
|
Licensor posts those changes online.
|
|
|
|
|
|
13.4. Governing Law and Jurisdiction. If You obtained the Software
|
|
|
directly from Dell, then the governing law and jurisdiction provisions
|
|
|
set forth in Your Order Terms shall apply to this EULA. Otherwise
|
|
|
the following shall apply:
|
|
|
|
|
|
A. Subject to Section 13.4 D and 13.5, if You are domiciled in the
|
|
|
United States or Canada: (1) this EULA and any Dispute is governed
|
|
|
by the laws of the State of Texas (excluding the conflicts of law
|
|
|
rules) and the federal laws of the United States; and (2) to the
|
|
|
extent permitted by law, the state and federal courts located in
|
|
|
Texas will have exclusive jurisdiction for any Dispute. Both parties
|
|
|
agree to submit to the personal jurisdiction of the state and federal
|
|
|
courts located within Travis or Williamson County, Texas, and agree
|
|
|
to waive any and all objections to the exercise of jurisdiction over
|
|
|
the parties by those courts and to venue in those courts.
|
|
|
|
|
|
B. Subject to Section 13.4 D, if You are domiciled outside of the
|
|
|
United States or Canada: (1) this EULA and any Dispute is governed
|
|
|
by the substantive laws in force in the country in which the
|
|
|
Licensor is located (as indicated in the Licensor Table located at
|
|
|
www.dell.com/swlicensortable), without regard to its conflict of law
|
|
|
rules; and (2) the exclusive place of jurisdiction for any Dispute
|
|
|
shall be in such country.
|
|
|
|
|
|
C. In any event, neither the U.N. Convention on Contracts for the
|
|
|
International Sale of Goods, nor the Uniform Computer Information
|
|
|
Transaction Act shall apply to this EULA or any Dispute.
|
|
|
|
|
|
D. If You are an individual consumer, this Section 13.4 does not
|
|
|
deprive You of the protection afforded to You by the provisions of
|
|
|
mandatory consumer protections laws that are applicable to You, nor
|
|
|
does it prevent you from seeking remedies or enforcing your rights
|
|
|
as a consumer under such laws.
|
|
|
|
|
|
13.5. Dispute Resolution and Binding Individual (non-class)
|
|
|
Arbitration. This Section only applies if You are an individual
|
|
|
consumer that resides in (or obtained the Software in) the United
|
|
|
States or Canada. All Disputes shall be resolved exclusively and
|
|
|
finally by binding individual arbitration. This means You and Licensor
|
|
|
waive any right to litigate disputes in a court or before a jury
|
|
|
and neither You nor Licensor shall be entitled to join, consolidate,
|
|
|
or include any claims belonging to or alleged or arising from, by or
|
|
|
on behalf of any third party to an arbitration brought hereunder, or
|
|
|
to arbitrate any claim as a class action, class representative, class
|
|
|
member, or in a private attorney general capacity. If You reside in (or
|
|
|
obtained the Software in) the United States, the arbitration will be
|
|
|
administered by the American Arbitration Association (AAA), or JAMS. If
|
|
|
You reside in (or obtained the Software in) Canada, arbitration will
|
|
|
be at ADR Chambers pursuant to the general ADR Chambers Rules for
|
|
|
Arbitration located at www.adrchambers.com. The arbitration shall be
|
|
|
conducted in the English language. The arbitration panel shall have
|
|
|
exclusive authority to resolve any arbitrability issues including
|
|
|
any dispute over this EULA or this arbitration provision’s scope,
|
|
|
application, meaning and enforceability. The arbitration panel shall
|
|
|
be empowered to grant whatever relief would be available in court,
|
|
|
including without limitation preliminary relief, injunctive relief and
|
|
|
specific performance. Any award of the arbitration panel shall be final
|
|
|
and binding immediately when rendered, and judgment on the award may be
|
|
|
entered in any court of competent jurisdiction. If any portion of this
|
|
|
arbitration agreement is found unenforceable, the unenforceable portion
|
|
|
shall be severed and the remaining arbitration terms shall be enforced
|
|
|
(but in no event will there be a class arbitration). Consumer claimants
|
|
|
(individuals whose transaction is intended for personal, family or
|
|
|
household use) may elect to pursue their claims in small-claims court
|
|
|
rather than arbitration. Licensor will be responsible for paying any
|
|
|
individual consumer's arbitration/arbitrator fees. Notwithstanding
|
|
|
the foregoing, Licensor may apply to any relevant government agency
|
|
|
or any court of competent jurisdiction to preserve its rights under
|
|
|
this EULA and to obtain any injunctive or preliminary relief, or
|
|
|
any award of specific performance, to which it may be entitled,
|
|
|
either against You or against a non-party; provided, however, that
|
|
|
no such administrative or judicial authority shall have the right or
|
|
|
power to render a judgment or award (or to enjoin the rendering of an
|
|
|
arbitral award) for damages that may be due to or from either party
|
|
|
under this EULA, which right and power shall be reserved exclusively
|
|
|
to an arbitration panel proceeding in accordance herewith.
|
|
|
|
|
|
13.6. Third Party Rights. Other than as expressly set out in this EULA,
|
|
|
this EULA does not create any rights for any person who is not a party
|
|
|
to it, and no person who is not a party to this EULA may enforce any
|
|
|
of its terms or rely on any exclusion or limitation contained in it.
|
|
|
|
|
|
13.7 Entire Agreement. You acknowledge that You have read this EULA,
|
|
|
that You understand it, that You agree to be bound by its terms,
|
|
|
and that this EULA, along with the Order Terms into which this EULA
|
|
|
may be incorporated (as applicable), is the complete and exclusive
|
|
|
statement of the agreement between You and Licensor regarding Your use
|
|
|
of the Software. All content referenced in this EULA by hyperlink is
|
|
|
incorporated into this EULA in its entirety and is available to You
|
|
|
in hardcopy form upon Your request. The pre-printed terms of Your
|
|
|
purchase order or any other document that is not issued or signed by
|
|
|
Licensor or Dell do not apply to Software. You represent that You did
|
|
|
not rely on any representations or statements that do not appear in
|
|
|
this EULA when accepting this EULA.
|
|
|
|
|
|
|
|
|
|
|
|
(Dell EULA rev 25OCT2023)
|