DELL SOFTWARE LICENSE AGREEMENT This is a legal agreement between you, the user, and Dell Products, L.P ("Dell"). This agreement covers all software that is distributed with the Dell computer, for which there is no separate license agreement between you and the manufacturer or owner of the software (collectively the "Software"). By opening or breaking the seal on the Software packet(s), installing or downloading the Software, or using the Software that has been preloaded or is embedded in your computer, you agree to be bound by the terms of this agreement. If you do not agree to these terms, promptly return all Software items (disks, written materials, and packaging) and delete any preloaded or embedded Software. You may use one copy of the Software on only one computer at a time. If you have multiple licenses for the Software, you may use as many copies at any time as you have licenses. "Use" means loading the Software in temporary memory or permanent storage on the computer.Installation on a network server solely for distribution to other computers is not "use" if (but only if) you have a separate license for each computer to which the Software is distributed. You must ensure that the number of persons using the Software installed on a network server does not exceed the number of licenses that you have. If the number of users of Software installed on a network server will exceed the number of licenses, you must purchase additional licenses until the number of licenses equals the number of users before allowing additional users to use the Software. If you are a commercial customer of Dell or a Dell affiliate, you hereby grant Dell, or an agent selected by Dell, the right to perform an audit of your use of the Software during normal business hours, you agree to cooperate with Dell in such audit, and you agree to provide Dell with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the terms of this agreement. The Software is protected by United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original solely for backup or archival purposes. You may not rent or lease the Software or copy the written materials accompanying the Software, but you may transfer the Software and all accompanying materials on a permanent basis if you retain no copies and the recipient agrees to the terms hereof. Any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile or disassemble the Software. If the package accompanying your computer contains compact discs,3.5" and/or 5.25" disks, you may use only the disks appropriate for your computer. You may not use the disks on another computer or network, or loan, rent, lease, or transfer them to another user except as permitted by this agreement. LIMITED WARRANTY Dell warrants that the Software disks will be free from defects in materials and workmanship under normal use for ninety (90) days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to ninety (90) days from the date you receive the Software. Some jurisdictions do not allow limits on the duration of an implied warranty, so this limitation may not apply to you. The entire liability of Dell and its suppliers, and your exclusive remedy, shall be (a) return of the price paid for the Software or (b) replacement of any disk not meeting this warranty that is sent with a return authorization number to Dell, at your cost and risk. This limited warranty is void if any disk damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Dell. Any replacement disk is warranted for the remaining original warranty period or thirty (30) days, whichever is longer. Dell does NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be 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 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYAND 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. 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. 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. Microsoft Addendums END-USER LICENSE AGREEMENT ADDENDUM FOR Microsoft Files contained in DELL SERVER ASSISTANT (1) Dell Server Assistant contains intellectual property, i.e., software programs, that is licensed for the end user customer's use (hereinafter "End User"). (2) This is not a sale of such intellectual property. (3) The End User shall not copy, disassemble or reverse compile the software program. (4) THE MICROSOFT SOFTWARE IS PROVIDED TO THE END USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE END USER. (5) MANUFACTURER OR MANUFACTURER'S SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY THE END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE PROGRAM. (6) All title and intellectual property rights in and to the software product are owned by Microsoft Licensing, Inc. ("MS") or its suppliers (including Microsoft Corporation). All rights not expressly granted under this EULA are reserved by MS and its suppliers (including Microsoft Corporation). (7) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Transfer. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of the Customer Embedded System, provided you retain no copies, you transfer all of the software product (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. Rental. You may not rent, lease or lend the software product. Termination. Without prejudice to any other rights, PC Manufacturer and/or MS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the software product and all of its component parts. END-USER LICENSE AGREEMENT ADDENDUM FOR MICROSOFT VIRTUAL MACHINE & MICROSOFT DATA ENGINE IMPORTANT READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes "online" or electronic documentation and may include computer software and associated media and printed materials ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: Installation and Use. You may install and use copies of the SOFTWARE PRODUCT on any computer which is running a licensed copy of currently supported Microsoft Operating System, Microsoft Internet Explorer, Microsoft SDK for Java, Microsoft Internet Information Server, or Microsoft Visual J++. You may make backup copies of the SOFTWARE PRODUCT for all computers on which you have installed the SOFTWARE PRODUCT. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT. You may not distribute copies of the SOFTWARE PRODUCT to third parties. Rental. You may not rent, lease or lend the SOFTWARE PRODUCT. Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399. 5. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 6. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer. NO WARRANTIES. Microsoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft 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 any other pecuniary loss) arising out of the use of or inability to use this Microsoft product, even if Microsoft has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. GARANTIE LIMITÉE EXCLUSION DE GARANTIE. Microsoft exclut expressément toute garantie relative au PRODUIT LOGICIEL. Le PRODUIT LOGICIEL et la documentation y afférente sont fournis "en l'état", sans garantie d'aucune sorte, expresse ou implicite, y compris, de manière limitative, sans aucune garantie de qualité, d'adéquation à un usage particulier ou de non-contrefaçon. Vous assumez l'ensemble des risques découlant de l'utilisation ou des performances du PRODUIT LOGICIEL. ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Microsoft ou ses fournisseurs ne pourront, en aucun cas, être tenus pour responsables quelque dommage que ce soit (notamment, de manière non limitative, les pertes de bénéfices, les interruptions d'activité, les pertes d'informations commerciales ou d'autres pertes pécuniaires) résultant de l'utilisation ou de l'impossibilité d'utiliser ce produit Microsoft, alors même que Microsoft aurait été informée de la possibilité de tels dommages. Certains pays ou certaines juridictions n'autorisent pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, de sorte que la limitation ci-dessus peut ne pas vous être applicable. La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario. Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.