| PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT |
| IS A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE |
| ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT |
| YOU REPRESENT) AND DELL TECHNOLOGIES, INC. ("DELL" "WE" "OUR" OR "US"). |
| THIS IS THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED BINARY |
| FILES (COLLECTIVELY, "BINARIES"). BY DOWNLOADING, INSTALLING OR OTHERWISE |
| USING THE BINARIES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE |
| BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, |
| DELL IS UNWILLING TO AND DOES NOT LICENSE THE BINARIES TO YOU. IF YOU DO |
| NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR OTHERWISE USE |
| THE BINARIES OR RETAIN ANY COPIES OF THE BINARIES. ANY POSSESSION OR USE OF |
| THE BINARIES BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN |
| THIS AGREEMENT. |
| |
| 1. RIGHT TO USE BINARIES; RESTRICTIONS. |
| |
| 1.1 License. Subject to the terms and conditions of this Agreement, |
| including, without limitation, the restrictions, conditions, limitations |
| and exclusions set forth in this Agreement, DELL hereby grants to you a |
| non‑exclusive, limited license under DELL's copyrights to, without |
| modification: (i) download, install and use the Binaries; and (ii) to |
| reproduce and redistribute the Binaries. |
| |
| 1.2 Redistribution Restrictions. Redistribution of the Binaries is subject |
| to the following restrictions: (i) Binaries may only be redistributed |
| without modification in binary format; (ii) redistribution of the Binaries |
| must include the license file setting forth the terms and condition of |
| this Agreement; (iii) you may not use Dell Technologies' or its affiliates |
| or subsidiaries name, logo or trademarks; and (iv) copyright or any other |
| notices that appear on the Binaries may not be removed or obscured. |
| |
| 1.3 Additional Restrictions. Except as expressly permitted by this |
| Agreement, you shall have no right to sublicense, transfer or otherwise |
| disclose the Binaries to any third party. You shall not reverse engineer, |
| reverse assemble, reverse translate, decompile or reduce to source code |
| form any portion of the Binaries. Except for the purposes expressly |
| permitted in this Agreement, you shall not use the Binaries for any other |
| purpose. DELL (or its licensors) shall retain title and all ownership |
| rights in and to the Binaries and all copies thereof. You shall not |
| subject the Binaries to any third‑party license terms (e.g., open source |
| license terms). DELL hereby reserves all rights not expressly granted |
| herein. |
| |
| 1.4 Third Party Software. The Binaries may contain code owned by third |
| parties. Such third‑party code may be licensed under additional terms and |
| conditions if separately included. You agree to comply with all terms and |
| conditions imposed on you in such applicable third‑party licenses, if any. |
| Those terms and conditions may impose additional obligations on you as a |
| condition to the permitted use of such third‑party code. |
| |
| 1.5 No Technical Support. DELL is under no obligation to provide any form |
| of technical support for the Binaries, and if DELL, in its sole discretion, |
| chooses to provide any form of support or information relating to the |
| Binaries, such support and information shall be at DELL’s full discretion. |
| |
| 2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE |
| DOWNLOAD, INSTALLATION OR OTHER USE OF THE BINARIES IS AT YOUR SOLE RISK. |
| THE BINARIES AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND |
| WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NO WARRANTIES, |
| EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE BINARIES OR ANY OTHER |
| INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT |
| NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
| PURPOSE OR AGAINST INFRINGEMENT, OR ANY EXPRESS OR IMPLIED WARRANTY ARISING |
| OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. |
| |
| 3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this |
| Agreement, nor any act by DELL shall provide to You any license or any |
| other rights, except for the rights expressly licensed under this |
| Agreement. |
| |
| 4. TERMINATION. This Agreement shall be effective upon acceptance, |
| including any download, installation or other use of the Binaries by you |
| and shall continue until terminated. You may terminate the Agreement at |
| any time by deleting and destroying all copies of the Binaries. This |
| Agreement terminates immediately and automatically, with or without |
| notice, if you fail to comply with any provision hereof. |
| |
| 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DELL, DELL'S AFFILIATES OR |
| ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR |
| SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST |
| SAVINGS, OR OTHER INCIDENTAL DAMAGES, ARISING OUT OF THE USE OR INABILITY |
| TO USE, OR THE DELIVERY OR FAILURE TO DELIVER, ANY OF THE DELIVERABLES, |
| OR ANY BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT, EVEN IF DELL HAS |
| BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION |
| OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER |
| YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL |
| PURPOSE. |
| |
| 6. INDEMNIFICATION. You agree to indemnify and hold harmless DELL and its |
| officers, directors, employees and successors and assigns against any |
| and all third‑party claims, demands, causes of action, losses, liabilities, |
| damages, costs and expenses, incurred by DELL (including but not limited |
| to costs of defense, investigation and reasonable attorney's fees) arising |
| out of, resulting from or related to any breach of this Agreement by you. |
| |
| 7. ASSIGNMENT. You shall not assign this Agreement or any right or |
| interest under this Agreement, nor delegate any obligation to be performed |
| under this Agreement. |
| |
| 8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all |
| applicable local, international and national laws and regulations and |
| with U.S. Export Administration Regulations, as they apply to the subject |
| matter of this Agreement. This Agreement is governed by the laws of the |
| State of Texas. |
| |
| 9. CONTRACTING PARTIES. If the Binaries are downloaded, installed or |
| otherwise used on any platform owned by a corporation or other legal |
| entity, then this Agreement is formed by and between DELL and such |
| entity. By taking any such actions, You represent and warrant to DELL that |
| you have the authority to bind such entity to the terms and conditions of |
| this Agreement. |
| |
| MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement |
| between DELL and you regarding the subject matter hereof. If any of the |
| provisions of this Agreement are determined to be invalid, illegal, or |
| otherwise unenforceable, the remaining provisions shall remain in full |
| force and effect. |