Program Transfer - Dell PowerVault 100T Manual

Open Source Software Licenses and Attributions Document
Program to the party from whom Licensee obtained it within 30 days of the invoice date. If the license is for a fixed
term that is subject to renewal, then Licensee may obtain a refund only if the Program is returned within the first 30
days of the initial term. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee
obtained it for instructions on how to obtain the refund.

7. Program Transfer

Licensee may transfer the Program and all of Licensee's license rights and obligations to another party only if that
party agrees to the terms of this Agreement. If the license is terminated for any reason by either party, Licensee is
prohibited from transferring the Program to another party. Licensee may not transfer a portion of 1) the Program or 2)
the Program's Authorized Use. When Licensee transfers the Program, Licensee must also transfer a hard copy of this
Agreement, including the LI. Immediately after the transfer, Licensee's license terminates.
8. No Warranties
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY
OR CONDITION OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH
WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO
WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE
OR JURISDICTION TO JURISDICTION.
THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8 ALSO APPLY TO ANY OF IBM'S PROGRAM
DEVELOPERS AND SUPPLIERS.
MANUFACTURERS, SUPPLIERS, OR PUBLISHERS OF NON-IBM PROGRAMS MAY PROVIDE THEIR OWN
WARRANTIES.
IBM DOES NOT PROVIDE SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH
EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN
THIS SECTION 8.
9. Licensee Data and Databases
To assist Licensee in isolating the cause of a problem with the Program, IBM may request that Licensee 1) allow IBM
to remotely access Licensee's system or 2) send Licensee information or system data to IBM. However, IBM is not
obligated to provide such assistance unless IBM and Licensee enter a separate written agreement under which IBM
agrees to provide to Licensee that type of support, which is beyond IBM's obligations in this Agreement. In any event,
IBM uses information about errors and problems to improve its products and services, and assist with its provision of
related support offerings. For these purposes, IBM may use IBM entities and subcontractors (including in one or more
countries other than the one in which Licensee is located), and Licensee authorizes IBM to do so.
Licensee remains responsible for 1) any data and the content of any database Licensee makes available to IBM, 2) the
selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission
of data (including any personally-identifiable data), and 3) backup and recovery of any database and any stored data.
Licensee will not send or provide IBM access to any personally-identifiable information, whether in data or any other
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