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Appendix 109
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, FOR THE SOFTWARE AND ALL ACCOMPANYING
WRITTEN MATERIALS. This limited warranty gives you specific legal rights; you may have
others, which vary from jurisdiction to jurisdiction.
IN NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Because some jurisdictions do not allow an exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. Government Restricted Rights
The software and documentation are "commercial items" as that term is defined at
48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end
users acquire the software and documentation with only those rights set forth herein.
Contractor/manufacturer is Dell Products, L.P., One Dell Way, Round Rock, Texas 78682.
General
This license is effective until terminated. It will terminate upon the conditions set forth
above or if you fail to comply with any of its terms. Upon termination, you agree that the
Software and accompanying materials, and all copies thereof, will be destroyed. This
agreement is governed by the laws of the State of Texas. Each provision of this agreement is
severable. If a provision is found to be unenforceable, this finding does not affect the
enforceability of the remaining provisions, terms, or conditions of this agreement. This
agreement is binding on successors and assigns. Dell agrees and you agree to waive, to the
maximum extent permitted by law, any right to a jury trial with respect to the Software or
this agreement. Because this waiver may not be effective in some jurisdictions, this waiver
may not apply to you. You acknowledge that you have read this agreement, that you
understand it, that you agree to be bound by its terms, and that this is the complete and
exclusive statement of the agreement between you and Dell regarding the Software.