Dell SMA 200 Administration Manual page 502

Services provided to it by Customer, (ii) such use is subject to the restrictions and limitations
contained in this Agreement, including, but not limited to those in the Export Section of this
Agreement, and the applicable Order, and (iii) each Client cooperates with Dell during any
compliance review that may be conducted by Dell or its designated agent. At the conclusion of
any Management Services engagement with a Client, Customer shall promptly remove any
Software installed on its Client's computer equipment or require the Client to do the same.
Customer agrees that it shall be jointly and severally liable to Dell for the acts and omissions of
its Clients in connection with their use of the Software and Documentation and shall, at its
expense, defend Dell against any action, suit, or claim brought against Dell by a Client in
connection with or related to Customer's Management Services and pay any final judgments or
settlements as well as Dell's expenses in connection with such action, suit, or claim.
e Evaluation License. If an Order indicates that Software is to be used by Customer for evaluation
purposes, or if Software is otherwise obtained from Dell for evaluation purposes, Customer shall
be granted a License to use such Software and the associated Documentation solely for
Customer's own non-production, internal evaluation purposes (an "Evaluation License"). Each
Evaluation License shall be granted for an evaluation period of up to thirty (30) days from the
date of delivery of the On-Premise Software or from the date that access is granted to the SaaS
Software, plus any extensions granted by Dell in writing (the "Evaluation Period"). There is no
fee for an Evaluation License during the Evaluation Period, however, Customer is responsible for
any applicable shipping charges or taxes which may be incurred, and any fees which may be
associated with usage beyond the scope permitted herein. Customer will only be granted one
Evaluation License per release of any item of Software. Notwithstanding anything otherwise set
forth in this Agreement, Customer understands and agrees that Evaluation Licenses are provided
"AS IS" and that Dell does not provide warranties or Maintenance Services for Evaluation
Licenses.
f Freeware License. If a freeware version of Software is downloaded by Customer from a Dell
website, the terms of use of such Software shall be governed by the applicable Freeware
definition set forth in the Product Guide (a "Freeware License"). Notwithstanding anything
otherwise set forth in this Agreement, Customer understands and agrees that Freeware Licenses
are provided "AS IS" and that Dell does not provide warranties or Maintenance Services for
Freeware Licenses.
g Use by Service Providers. If Customer contracts with a third-party who performs Software
implementation, configuration, consulting or outsourcing services (a "Service Provider"), the
Service Provider may use the Software and Documentation provided to Customer hereunder solely
for purposes of providing such services to Customer, provided that Customer ensures that (i) the
Service Provider's use of the Software and Documentation is subject to the restrictions and
limitations contained in this Agreement, including, but not limited to those in the Export Section,
and the applicable Order(s), (ii) the Service Provider cooperates with Dell during any compliance
review that may be conducted by Dell or its designated agent, and (iii) the Service Provider
promptly removes any Software installed on its computer equipment upon the completion of the
Service Provider's need to use the Software as permitted by this Section. Customer agrees that it
shall be jointly and severally liable to Dell for the acts and omissions of its Service Providers in
connection with their use of the Software and Documentation.
3 Restrictions. Except and only to the extent that the exclusions and limits of this Restrictions Section are
prohibited by applicable law, Customer may not reverse engineer, decompile, disassemble, or attempt to
discover or modify in any way the underlying source code of the Software, or any part thereof. In
addition, Customer may not (i) modify, translate, localize, adapt, rent, lease, loan, create or prepare
derivative works of, or create a patent based on the Products, Documentation or any part thereof, (ii)
resell, sublicense or distribute the Products or Documentation, (iii) provide, make available to, or permit
use of the Products, in whole or in part, by any third-party (except as expressly set forth herein) without
Dell's prior written consent, (iv) use the Products or Documentation to create or enhance a competitive
offering or for any other purpose which is competitive to Dell, (v) remove Software that was delivered on
an Appliance from the Appliance on which it was delivered and load such Software onto a different
appliance without Dell's prior written consent, or (vi) perform or fail to perform any act which would
result in a misappropriation or infringement of Dell's intellectual property rights in the Products or
Documentation. Each permitted copy of the Software and Documentation made by Customer hereunder
must contain all titles, trademarks, copyrights and restricted rights notices as in the original. Customer
understands and agrees that the Products may work in conjunction with third-party products and
Customer agrees to be responsible for ensuring that it is properly licensed to use such third-party
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