End User License Agreement - Dell SMA 200 Administration Manual

SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express
warranty set forth above fails of its essential purpose.
DISCLAIMER OF LIABILITY. DELL SONICWALL'S SOLE LIABILITY IS THE SHIPMENT OF A REPLACEMENT PRODUCT AS
DESCRIBED IN THE ABOVE LIMITED WARRANTY. IN NO EVENT SHALL DELL SONICWALL OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO
USE THE PRODUCT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
HARDWARE OR SOFTWARE EVEN IF DELL SONICWALL OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. In no event shall Dell SonicWALL or its suppliers' liability to Customer, whether in contract,
tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall
apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT. BY DOWNLOADING, INSTALLING OR
USING THIS PRODUCT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. FOR
ORDERS PLACED OUTSIDE THE UNITED STATES OF AMERICA, PLEASE GO TO
HTTP://SOFTWARE.DELL.COM/LEGAL/STA.ASPX TO VIEW THE APPLICABLE VERSION OF THIS AGREEMENT FOR
YOUR REGION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE APPLICABLE
VERSION OF THIS AGREEMENT FOR YOUR REGION, DO NOT DOWNLOAD, INSTALL OR USE THIS PRODUCT. IF YOU
HAVE A SIGNED AGREEMENT WITH DELL THAT IS SPECIFICALLY REFERENCED IN AN ORDER THAT IS EXECUTED
BETWEEN YOU AND DELL, THEN THAT SIGNED AGREEMENT WILL SUPERSEDE THIS AGREEMENT.
This Software Transaction Agreement (the "Agreement") is made between you, the Customer ("Customer" or
"You") and Dell, as defined in the sections that follow.
1 Definitions.Capitalized terms not defined in context shall have the meanings assigned to them as
follows:
a "Affiliate" means any legal entity controlling, controlled by, or under common control with a
party to this Agreement, for so long as such control relationship exists.
b "Appliance" means a computer hardware product upon which the Software is pre-installed and
delivered.
c "Dell" means either (i) Dell Software Inc. ("DSI"), with its principal place of business located at
5 Polaris Way, Aliso Viejo, CA 92656, or (ii) if an Order is placed through an Affiliate of DSI, the
Affiliate of DSI that executed or approved the Order.
d "Documentation" means the user manuals and documentation that Dell makes available for the
Software, and all copies of the foregoing.
e "eStore" means Dell's online Software ordering system located at
http://software.dell.com/shop/.
f "License Type" means the model by which the Software is licensed (for example, by server, by
mailbox, by managed user) as indicated in the applicable Order.
g "Maintenance Services" means Dell's maintenance and support offering for the Products as
identified in the Maintenance Services Section that follows.
h "Order" means the document by which Customer orders the Product(s) or, if Customer orders the
Product(s) from the eStore, the process by which Customer orders the Product(s). Orders that are
signed by both Customer and Dell ("Signed Orders") shall be governed solely by the terms of this
Agreement and the applicable Order. Orders placed with a Customer purchase order only, Orders
placed through the eStore and all Orders placed through a Partner shall be governed solely by the
terms of this Agreement. Any conflicting or additional terms in or accompanying an Order will not
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