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