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108 Appendix
the Software that has been preloaded or is embedded in your product, you agree to be bound
by the terms of this agreement. If you do not agree to these terms, promptly return all
Software items (disks, written materials, and packaging) and delete any preloaded or
embedded Software.
You may use one copy of the Software on only one product at a time. If you have multiple
licenses for the Software, you may use as many copies at any time as you have licenses. "Use"
means loading the Software in temporary memory or permanent storage on the product.
Installation on a network server solely for distribution to other products is not "use" if (but
only if) you have a separate license for each product to which the Software is distributed. You
must ensure that the number of persons using the Software installed on a network server
does not exceed the number of licenses that you have. If the number of users of Software
installed on a network server will exceed the number of licenses, you must purchase
additional licenses until the number of licenses equals the number of users before allowing
additional users to use the Software. If you are a commercial customer of Dell or a Dell
affiliate, you hereby grant Dell, or an agent selected by Dell, the right to perform an audit of
your use of the Software during normal business hours, you agree to cooperate with Dell in
such audit, and you agree to provide Dell with all records reasonably related to your use of
the Software. The audit will be limited to verification of your compliance with the terms of
this agreement.
The Software is protected by United States copyright laws and international treaties. You
may make one copy of the Software solely for backup or archival purposes or transfer it to a
single hard disk provided you keep the original solely for backup or archival purposes. You
may not rent or lease the Software or copy the written materials accompanying the Software,
but you may transfer the Software and all accompanying materials on a permanent basis as
part of a sale or transfer of the Dell product if you retain no copies and the recipient agrees to
the terms hereof. Any transfer must include the most recent update and all prior versions.
You may not reverse engineer, decompile, or disassemble the Software. If the package
accompanying your product contains compact discs, 3.5", and/or 5.25" disks, you may use
only the disks appropriate for your product. You may not use the disks on another product or
network, or loan, rent, lease, or transfer them to another user except as permitted by
this agreement.
Limited Warranty
Dell warrants that the Software disks will be free from defects in materials and workmanship
under normal use for ninety (90) days from the date you receive them. This warranty is
limited to you and is not transferable. Any implied warranties are limited to ninety (90) days
from the date you receive the Software. Some jurisdictions do not allow limits on the
duration of an implied warranty, so this limitation may not apply to you. The entire liability
of Dell and its suppliers, and your exclusive remedy, shall be (a) return of the price paid for
the Software or (b) replacement of any disk not meeting this warranty that is sent with a
return authorization number to Dell, at your cost and risk. This limited warranty is void if
any disk damage has resulted from accident, abuse, misapplication, or service or
modification by someone other than Dell. Any replacement disk is warranted for the
remaining original warranty period or thirty (30) days, whichever is longer.