Dell EMC PowerEdge VRTX User Manual page 151

Dell does NOT warrant that the functions of the Software meets your requirements or that operation of the Software is
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.
OPEN SOURCE SOFTWARE
A portion of this CD may contain open source software, which you can use under 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 only those rights set forth herein.
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GENERAL
This license is effective until terminated. It terminates 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, is 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.
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