This Agreement is the entire agreement of the Parties and supersedes all prior agreements and communications, whether oral or written, regarding the subject matter of this Agreement. If you purchased software pre-installed on Dell hardware, whether KACE or Dell KACE or other (this hardware and software together an appliance), you may only use the software at the same time as the appliance on which Dell loaded it. If you purchased hardware-independent software (for example.B. software, virtual application), you can install the virtual appliance and run the number of instances of the virtual appliance since you purchased licenses. As long as you do not exceed the scope of your license, you can move a virtual appliance to another server. You may distribute software to computers or other physical or virtual devices configured to be managed by your appliance or virtual application (each of these devices is a “managed computer”), provided that the number of managed computers does not exceed the amount of the software license (including the number of licensed nodes) that you purchased from Dell. When determining the number of managed computers, each physical device and virtual device (for example. B each instance of an operating environment running simultaneously on a different physical device) form a separately managed computer. “Customer” means the end user of the Products. “hardware” means Dell EqualLogic PS branded hardware and all end-user manuals provided by the company. “Maintenance Releases” means all updates, updates, revisions, patches, troubleshooting or an enhanced, updated or extended version of the products released by the Company, to which the Customer is authorized by a valid maintenance contract, warranty or other offer of the Company. Third-party products are excluded and subject to their own terms and conditions. “object code” means a computer program assembled, compiled or converted into magnetic or electronic binary format, readable and usable by computing devices, but which is not generally readable by persons who do not have reverse assembly, reverse compiling, reverse conversion, reverse engineering and/or other disassembly or decompilation. “product(s)”, together, the hardware and software that may be made available to the customer. “Software” means all components of the Company`s storage management software and related documentation, which are provided from time to time by the Company generally, without a specific license agreement.

The term “software” includes all software, scripts, microcodes and microcodes executed on any hardware or computer system, including all maintenance versions provided in accordance with this Agreement. The software can only be provided in the form of an object code. No source code is provided. “third-party products” means any hardware or software that is authorized by the Company or distributed to the Customer and that is not the property of the Company. The pre-printed terms and conditions set out on an order submitted by the Customer or on an offer, order acceptance or invoice presented by the Customer have no force and effect and are expressly superseded by the terms of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of the documentation provided with the product on warranty and support information, priority shall be given to the terms of the warranty and support information. The Company may, from time to time, make available to the Customer updates and improvements to the Product at the same time as a revision or supplement to this Agreement. . .

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