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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, without regard
to principles of conflicts of laws. 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 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
Appendix B: End User License Agreement
the complete and exclusive statement of the
Agreement between you and Dell regarding the
Software.
Supplemental Terms for EMS
Branded Software
You may use one copy of the Software on only
one computer at a time for your own internal
business purposes. You shall not, without Dell's
prior written consent copy, provide, disclose
or otherwise make available Software in any
form to anyone other than your employees,
consultants or independent contractors who
shall use the Software in a manner that is
consistent with this Agreement.
Notwithstanding anything to the contrary
in the Agreement, licenses to Software are
non-exclusive, non-transferable and non-sub
licensable and subject to the restriction that the
Software be used solely in conjunction with the
equipment (storage system or switch/hub) or
related central processing unit for which it was
licensed.
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