License Conditions. 2.1. You and Your Permitted Third Parties must do the following: A. Run the Software only on the hardware for which it was intended to operate, when applicable; B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider; X. Xxxxx the Software as Dell confidential information; D. Use the Software only on as many computers or devices that You purchased, in such configurations permitted by Dell or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order. For Software licensed via a unit of measure, the terms and descriptions of each unit of measure are located at xxx.xxxxxxx.xxx/XXX_xxxxx (“UOM Terms”); X. Xxxxx by the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions. Under these laws, the Software must not be used, sold, leased, exported, imported, re-exported or transferred except in compliance with such laws, including, without limitation, export licensing requirements, end user, end-use and end-destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that You are not the subject or target of, and that You are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of economic sanctions of the United States, European Union or other applicable jurisdictions; and F. Comply with all Third Party Terms (as defined in Section 5 below). 2.2. Except as otherwise permitted by this XXXX or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following: A. Modify or remove any proprietary notices or markings on or in the Software; B. Transfer License Keys to any other person or entity; C. Download Updates from Licensor or an authorized provider unless You have a valid support agreement; D. Install Updates on Enterprise Products (e.g., server, networking, storage, integrated solutions, and data protection appliances) that have gone end of service life unless Licensor otherwise agrees in writing; E. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Dell or an authorized representative of Dell) on Dell hardware; F. Violate or circumvent any technological use restrictions in the Software; X. Xxxx, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software; H. Use any trademarks or service marks of Licensor, its affiliates or suppliers; I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; X. Xxxx, republish, upload, post or transmit the Software in any way; K. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; L. Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software; M. Use the Software on a service bureau, rental or managed services basis; N. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device; O. Use the Software to create a competitive offering; P. Use the Software to create other software, products or technologies unless the Software contains Development Tools as described in Section 7; Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent; R. Use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage; S. Use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and T. Assign this XXXX, or any right or obligation under this XXXX, or delegate any performance, without Dell’s prior written consent, unless You are transferring the Software in accordance with the Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all obligations under this XXXX that You incurred prior to the effective date of the assignment.
Appears in 2 contracts
Samples: Terms of Sale and End User License Agreement, End User License Agreement
License Conditions. 2.1. You and Your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended to operate, when applicable;
B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider;
X. Xxxxx C. Treat the Software as Dell confidential information;
D. Use the Software only on as many computers or devices that You purchased, in such configurations permitted by Dell or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order. For Software licensed via a unit of measure, the terms and descriptions of each unit of measure are located at xxx.xxxxxxx.xxx/XXX_xxxxx (“UOM Terms”);
X. Xxxxx E. Abide by the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions. Under these laws, the Software must not be used, sold, leased, exported, imported, re-exported or transferred except in compliance with such laws, including, without limitation, export licensing requirements, end user, end-use and end-destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that You are not the subject or target of, and that You are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of economic sanctions of the United States, European Union or other applicable jurisdictions; and
F. Comply with all Third Party Terms (as defined in Section 5 below).
2.2. Except as otherwise permitted by this XXXX or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following:
A. Modify or remove any proprietary notices or markings on or in the Software;
B. Transfer License Keys to any other person or entity;
C. Download Updates from Licensor or an authorized provider unless You have a valid support agreement;
D. Install Updates on Enterprise Products (e.g., server, networking, storage, integrated solutions, and data protection appliances) that have gone end of service life unless Licensor otherwise agrees in writing;
E. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Dell or an authorized representative of Dell) on Dell hardware;
F. Violate or circumvent any technological use restrictions in the Software;
X. XxxxG. Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software;
H. Use any trademarks or service marks of Licensor, its affiliates or suppliers;
I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; X. XxxxJ. Copy, republish, upload, post or transmit the Software in any way;
K. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
L. Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
M. Use the Software on a service bureau, rental or managed services basis; N. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device;
O. Use the Software to create a competitive offering;
P. Use the Software to create other software, products or technologies unless the Software contains Development Tools as described in Section 7;
Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent;
R. Use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage;
S. Use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and
T. Assign this XXXX, or any right or obligation under this XXXX, or delegate any performance, without Dell’s prior written consent, unless You are transferring the Software in accordance with the Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all obligations under this XXXX that You incurred prior to the effective date of the assignment.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
License Conditions. 2.1. You and Your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended to operate, when applicable;
B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider;
X. Xxxxx C. Treat the Software as Dell confidential information;
D. Use the Software only on as many computers or devices that You purchased, in such configurations permitted by Dell or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order. For Software licensed via a unit of measure, the terms and descriptions of each unit of measure are located at xxx.xxxxxxx.xxx/XXX_xxxxx (“UOM Terms”);
X. Xxxxx E. Abide by the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions. Under these laws, the Software must not be used, sold, leased, exported, imported, re-exported or transferred except in compliance with such laws, including, without limitation, export licensing requirements, end user, end-use and end-end- destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that You are not the subject or target of, and that You are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of economic sanctions of the United States, European Union or other applicable jurisdictions; and
F. Comply with all Third Party Terms (as defined in Section 5 below).
2.2. Except as otherwise permitted by this XXXX or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following:
A. Modify or remove any proprietary notices or markings on or in the Software;
B. Transfer License Keys to any other person or entity;
C. Download Updates from Licensor or an authorized provider unless You have a valid support agreement;
D. Install Updates on Enterprise Products (e.g., server, networking, storage, integrated solutions, and data protection appliances) that have gone end of service life unless Licensor otherwise agrees in writing;
E. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Dell or an authorized representative of Dell) on Dell hardware;
F. Violate or circumvent any technological use restrictions in the Software;
X. XxxxG. Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software;
H. Use any trademarks or service marks of Licensor, its affiliates or suppliers;
I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; X. XxxxJ. Copy, republish, upload, post or transmit the Software in any way;
K. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
L. Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
M. Use the Software on a service bureau, rental or managed services basis; N. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device;
O. Use the Software to create a competitive offering;
P. Use the Software to create other software, products or technologies unless the Software contains Development Tools as described in Section 7;
Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent;
R. Use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage;
S. Use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and
T. Assign this XXXX, or any right or obligation under this XXXX, or delegate any performance, without Dell’s prior written consent, unless You are transferring the Software in accordance with the Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all obligations under this XXXX that You incurred prior to the effective date of the assignment.
Appears in 1 contract
Samples: End User License Agreement
License Conditions. 2.1. You and Your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended to operate, when applicable;
B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider;
X. Xxxxx the Software as Dell confidential information;
D. Use the Software only on as many computers or devices that You purchased, in such configurations permitted by Dell or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order. For Software licensed via a unit of measure, the terms and descriptions of each unit of measure are located at xxx.xxxxxxx.xxx/XXX_xxxxx (“UOM Terms”);
X. Xxxxx by the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions. Under these laws, the Software must not be used, sold, leased, exported, imported, re-exported or transferred except in compliance with such laws, including, without limitation, export licensing requirements, end user, end-use and end-end- destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that You are not the subject or target of, and that You are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of economic sanctions of the United States, European Union or other applicable jurisdictions; and
F. Comply with all Third Party Terms (as defined in Section 5 below).
2.2. Except as otherwise permitted by this XXXX or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following:
A. Modify or remove any proprietary notices or markings on or in the Software;
B. Transfer License Keys to any other person or entity;
C. Download Updates from Licensor or an authorized provider unless You have a valid support agreement;
D. Install Updates on Enterprise Products (e.g., server, networking, storage, integrated solutions, and data protection appliances) that have gone end of service life unless Licensor otherwise agrees in writing;
E. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Dell or an authorized representative of Dell) on Dell hardware;
F. Violate or circumvent any technological use restrictions in the Software;
X. Xxxx, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software;
H. Use any trademarks or service marks of Licensor, its affiliates or suppliers;
I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; X. Xxxx, republish, upload, post or transmit the Software in any way;
K. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
L. Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
M. Use the Software on a service bureau, rental or managed services basis; N. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device;
O. Use the Software to create a competitive offering;
P. Use the Software to create other software, products or technologies unless the Software contains Development Tools as described in Section 7;
Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent;
R. Use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage;
S. Use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and
T. Assign this XXXX, or any right or obligation under this XXXX, or delegate any performance, without Dell’s prior written consent, unless You are transferring the Software in accordance with the Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all obligations under this XXXX that You incurred prior to the effective date of the assignment.
Appears in 1 contract
Samples: Commercial Terms of Sale
License Conditions. 2.1. You and Your Permitted Third Parties must do the following:
A. Run the Software only on the hardware for which it was intended to operate, when applicable;
B. Use License Keys (if applicable) only from Licensor or an authorized Dell License Key provider;
X. Xxxxx C. Treat the Software as Dell confidential information;
D. Use the Software only on as many computers or devices that You purchased, in such configurations permitted by Dell or Licensor, and/or in accordance with the applicable unit of measure, each as may be specified on Your Order. For Software licensed via a unit of measure, the terms and descriptions of each unit of measure are located at xxx.xxxxxxx.xxx/XXX_xxxxx (“UOM Terms”);
X. Xxxxx E. Abide by the export control and economic sanctions laws of the United States, the European Union and other applicable jurisdictions. Under these laws, the Software must not be used, sold, leased, exported, imported, re-re- exported or transferred except in compliance with such laws, including, without limitation, export licensing requirements, end user, end-use and end-destination restrictions, prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied Persons List. You represent and warrant that You are not the subject or target of, and that You are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of economic sanctions of the United States, European Union or other applicable jurisdictions; and
F. Comply with all Third Party Terms (as defined in Section 5 below).
2.2. Except as otherwise permitted by this XXXX or by mandatory law (meaning a law that the parties cannot change by contract), You must not, and must not allow Your Permitted Third Parties, to do the following:
A. Modify or remove any proprietary notices or markings on or in the Software;
B. Transfer License Keys to any other person or entity;
C. Download Updates from Licensor or an authorized provider unless You have a valid support agreement;
D. Install Updates on Enterprise Products (e.g., server, networking, storage, integrated solutions, and data protection appliances) that have gone end of service life unless Licensor otherwise agrees in writing;
E. Install and operate counterfeit versions of Software (i.e. software provided by anyone other than Dell or an authorized representative of Dell) on Dell hardware;
F. Violate or circumvent any technological use restrictions in the Software;
X. XxxxG. Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software;
H. Use any trademarks or service marks of Licensor, its affiliates or suppliers;
I. Provide access to the Software or allow use by any third party, other than Permitted Third Parties, without Licensor's prior written consent; X. XxxxJ. Copy, republish, upload, post or transmit the Software in any way;
K. Modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
L. Attack or attempt to undermine the security, integrity, authentication or intended operation of the Software;
M. Use the Software on a service bureau, rental or managed services basis; N. Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device;
O. Use the Software to create a competitive offering;
P. Use the Software to create other software, products or technologies unless the Software contains Development Tools as described in Section 7;
Q. Share or publish the results of any benchmarking of the Software without Dell’s prior written consent;
R. Use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage;
S. Use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and
T. Assign this XXXX, or any right or obligation under this XXXX, or delegate any performance, without Dell’s prior written consent, unless You are transferring the Software in accordance with the Transferability Section 3 below. Even if Dell consents to an assignment, You remain responsible for all obligations under this XXXX that You incurred prior to the effective date of the assignment.
Appears in 1 contract
Samples: End User License Agreement