Dell U3011 Warranty And Support Information page 24

Warranty and Support Information
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.
Open Source Software
Any open source software provided by Dell can be used according to
the terms and conditions of the specific license under which the
open source software is distributed.
This open source software is distributed in the hope that it will be
useful, but IS PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR
IMPLIED WARRANTY; INCLUDING BUT NOT LIMITED TO THE
IMPLIED warranty of MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL DELL, THE COPYRIGHT
HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTUTUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILTIY, WHETHER IN CONTRACT, STRICT
LIABITLY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILTIY OF SUCH DAMAGE.
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
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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. (Rev.
012306)