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Editing: LICENSE.dell
PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT YOU REPRESENT) AND DELL TECHNOLOGIES, INC. ("DELL" "WE" "OUR" OR "US"). THIS IS THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED BINARY FILES (COLLECTIVELY, "BINARIES"). BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE BINARIES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DELL IS UNWILLING TO AND DOES NOT LICENSE THE BINARIES TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE BINARIES OR RETAIN ANY COPIES OF THE BINARIES. ANY POSSESSION OR USE OF THE BINARIES BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. 1. RIGHT TO USE BINARIES; RESTRICTIONS. 1.1 License. Subject to the terms and conditions of this Agreement, including, without limitation, the restrictions, conditions, limitations and exclusions set forth in this Agreement, DELL hereby grants to you a non‑exclusive, limited license under DELL's copyrights to, without modification: (i) download, install and use the Binaries; and (ii) to reproduce and redistribute the Binaries. 1.2 Redistribution Restrictions. Redistribution of the Binaries is subject to the following restrictions: (i) Binaries may only be redistributed without modification in binary format; (ii) redistribution of the Binaries must include the license file setting forth the terms and condition of this Agreement; (iii) you may not use Dell Technologies' or its affiliates or subsidiaries name, logo or trademarks; and (iv) copyright or any other notices that appear on the Binaries may not be removed or obscured. 1.3 Additional Restrictions. Except as expressly permitted by this Agreement, you shall have no right to sublicense, transfer or otherwise disclose the Binaries to any third party. You shall not reverse engineer, reverse assemble, reverse translate, decompile or reduce to source code form any portion of the Binaries. Except for the purposes expressly permitted in this Agreement, you shall not use the Binaries for any other purpose. DELL (or its licensors) shall retain title and all ownership rights in and to the Binaries and all copies thereof. You shall not subject the Binaries to any third‑party license terms (e.g., open source license terms). DELL hereby reserves all rights not expressly granted herein. 1.4 Third Party Software. The Binaries may contain code owned by third parties. Such third‑party code may be licensed under additional terms and conditions if separately included. You agree to comply with all terms and conditions imposed on you in such applicable third‑party licenses, if any. Those terms and conditions may impose additional obligations on you as a condition to the permitted use of such third‑party code. 1.5 No Technical Support. DELL is under no obligation to provide any form of technical support for the Binaries, and if DELL, in its sole discretion, chooses to provide any form of support or information relating to the Binaries, such support and information shall be at DELL’s full discretion. 2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DOWNLOAD, INSTALLATION OR OTHER USE OF THE BINARIES IS AT YOUR SOLE RISK. THE BINARIES AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE BINARIES OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. 3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this Agreement, nor any act by DELL shall provide to You any license or any other rights, except for the rights expressly licensed under this Agreement. 4. TERMINATION. This Agreement shall be effective upon acceptance, including any download, installation or other use of the Binaries by you and shall continue until terminated. You may terminate the Agreement at any time by deleting and destroying all copies of the Binaries. This Agreement terminates immediately and automatically, with or without notice, if you fail to comply with any provision hereof. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DELL, DELL'S AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE TO DELIVER, ANY OF THE DELIVERABLES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT, EVEN IF DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 6. INDEMNIFICATION. You agree to indemnify and hold harmless DELL and its officers, directors, employees and successors and assigns against any and all third‑party claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred by DELL (including but not limited to costs of defense, investigation and reasonable attorney's fees) arising out of, resulting from or related to any breach of this Agreement by you. 7. ASSIGNMENT. You shall not assign this Agreement or any right or interest under this Agreement, nor delegate any obligation to be performed under this Agreement. 8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all applicable local, international and national laws and regulations and with U.S. Export Administration Regulations, as they apply to the subject matter of this Agreement. This Agreement is governed by the laws of the State of Texas. 9. CONTRACTING PARTIES. If the Binaries are downloaded, installed or otherwise used on any platform owned by a corporation or other legal entity, then this Agreement is formed by and between DELL and such entity. By taking any such actions, You represent and warrant to DELL that you have the authority to bind such entity to the terms and conditions of this Agreement. MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement between DELL and you regarding the subject matter hereof. If any of the provisions of this Agreement are determined to be invalid, illegal, or otherwise unenforceable, the remaining provisions shall remain in full force and effect.
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