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Dell™ software license agreement, Limited warranty – Dell 3000CN User Manual

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Appendix

77

Dell™ Software License Agreement

This is a legal agreement between you, the user, and Dell Products, L.P (“Dell”). This agreement

covers all software that is distributed with the Dell product, for which there is no separate license

agreement between you and the manufacturer or owner of the software (collectively the

"Software"). This agreement is not for the sale of Software or any other intellectual property. All

title and intellectual property rights in and to Software is owned by the manufacturer or owner of

the Software. All rights not expressly granted under this agreement are reserved by the

manufacturer or owner of the Software. By opening or breaking the seal on the Software packet(s),

installing or downloading the Software, or using 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.
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 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 computer contains compact discs, 3.5" and/or 5.25" disks, you may use only the

disks appropriate for your computer. You may not use the disks on another computer 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.
Dell does NOT warrant that the functions of the Software will meet your requirements or that

operation of the Software will be uninterrupted or error free. You assume responsibility for

selecting the Software to achieve your intended results and for the use and results obtained from

the Software.
DELL, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,