http://bugzilla.suse.com/show_bug.cgi?id=939267
http://bugzilla.suse.com/show_bug.cgi?id=939267#c10
Johannes Meixner changed:
What |Removed |Added
----------------------------------------------------------------------------
Status|NEW |RESOLVED
Resolution|--- |INVALID
Summary|Printer driver for "Dell |Printer driver for "Dell
|1130 laser printer" |1130 laser printer"
| |(available from Dell but is
| |no free software)
--- Comment #10 from Johannes Meixner ---
On
http://www.dell.com/support/home/us/en/04/product-support/product/dell-1130/...
I downloaded a Dell1130_Linux_1.07.tar.gz and unpacked it.
I did not find a license therein - only references to a license.
This means the Dell1130_Linux_1.07.tar.gz is not under a free license.
On
http://www.dell.com/support/home/us/en/04/product-support/product/dell-1130/...
there is a "details" link that leads to
http://www.dell.com/support/home/us/en/04/Drivers/DriversDetails?driverId=MHCN7&fileId=2898637817&osCode=LIN4&productCode=dell-1130&languageCode=EN&categoryId=DD
and there is
By downloading, you accept the terms of the Dell Software License Agreement.
The "Dell Software License Agreement" is a link to
http://www.dell.com/learn/us/en/19/solutions/software-license-agreements?c=us&l=en&s=dhs&cs=19&~mode=popup
that reads (fullquote):
-----------------------------------------------------------------------------
Dell End User License Agreement — S Version
THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU
(EITHER AN INDIVIDUAL OR AN ENTITY) AND DELL PRODUCTS L.P., A TEXAS LIMITED
PARTNERSHIP, OR DELL GLOBAL B.V. (SINGAPORE BRANCH), THE SINGAPORE BRANCH OF A
COMPANY INCORPORATED IN THE NETHERLANDS WITH LIMITED LIABILITY ON BEHALF OF
ITSELF, DELL INC. AND DELL INC.’S DIRECT AND INDIRECT SUBSIDIARIES
(COLLECTIVELY, “DELL”). THIS AGREEMENT GOVERNS ALL SOFTWARE ("SOFTWARE") AND
ANY UPGRADES, UPDATES, PATCHES, HOTFIXES, MODULES, ROUTINES, FEATURE
ENHANCEMENTS AND ADDITIONAL VERSIONS OF THE SOFTWARE THAT REPLACE OR SUPPLEMENT
THE ORIGINAL SOFTWARE (COLLECTIVELY "UPDATES") AND THEIR ASSOCIATED MEDIA,
PRINTED MATERIALS, ONLINE OR ELECTRONIC DOCUMENTATION, DISTRIBUTED BY OR ON
BEHALF OF DELL UNLESS THERE IS A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND THE
MANUFACTURER OR OWNER OF THE SOFTWARE OR UPDATE. IF THERE IS NO SEPARATE
LICENSE AGREEMENT THEN THIS AGREEMENT GOVERNS YOUR USE OF UPDATES, AND SUCH
UPDATES WILL BE CONSIDERED SOFTWARE FOR ALL PURPOSES OF THIS EULA. THE
“SOFTWARE” SHALL MEAN COLLECTIVELY THE SOFTWARE PROGRAM AND UPDATES AND ANY
COPIES THEREOF. THIS EULA, IN AND OF ITSELF, DOES NOT ENTITLE YOU TO ANY
UPDATES AT ANY TIME IN THE FUTURE. BY EXPRESSLY ACCEPTING THESE TERMS OR BY
DOWNLOADING, INSTALLING, ACTIVATING AND/OR OTHERWISE USING THE SOFTWARE, YOU
ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND ARE
BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND ALL APPLICABLE LAWS AND
REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS EULA, THEN YOU MAY NOT DOWNLOAD, INSTALL, ACTIVATE OR OTHERWISE USE ANY OF
THE SOFTWARE AND YOU MUST PROMPTLY RETURN THE SOFTWARE; AND WHERE SOFTWARE WAS
LOADED BY OR ON BEHALF OF DELL AS INCLUDED IN YOUR PURCHASE OF SPECIFIC
HARDWARE (INCLUDING COMPONENTS OR ASSEMBLIES), YOU MUST RETURN THE ENTIRE
HARDWARE/SOFTWARE PACKAGE AS DIRECTED BY DELL OR ITS RESELLER (IF APPLICABLE)
FOR A FULL REFUND. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF
AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT
THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY.
1. License. Subject to the terms, conditions and restrictions of this EULA (as
a condition to the grant below), Dell hereby grants you a limited, personal,
nonexclusive, and except as otherwise set forth in Section 6 below,
nontransferable, nonassignable license, without rights to sublicense, to
install or have installed, display and use the Software (in object code form
only) solely for internal purposes, only on as many computers, devices and/or
in such configurations as expressly permitted by Dell (e.g., as set forth in
the applicable Dell sales quote or invoice), or on one computer device if no
other entitlement is specified, and for such period specified in a term
license, or perpetually if no term is specified.
2. License Limitations and Conditions. This license is conditioned upon Dell
receiving your timely payment of any fees or royalties applicable to the
Software or to any hardware in which the Software may be loaded. You may not
copy the Software except for a reasonable number of copies solely as needed for
backup or archival purposes or as otherwise expressly permitted in Section 1
“License” above. You may not modify or remove any titles, trademarks or trade
names, copyright notices, legends, or other proprietary notices or markings on
or in the Software. The rights granted herein are limited to Dell's and its
licensors' and suppliers’ intellectual property rights in the Software and do
not include any other third party’s intellectual property rights. If the
Software was provided to you on removable media (e.g., CD, DVD, or USB drive),
you may own the media on which the Software is recorded but Dell, Dell's
licensor(s) and/or supplier(s) retain ownership of the Software itself and all
related intellectual property rights. If the package accompanying your Dell
computer or device contains optical discs or other storage media, you may use
only the media appropriate for your computer or device. You may not use the
optical discs or storage media on another computer, device or network, or loan,
rent, lease or transfer them to another user except as permitted by this
Agreement. You are not granted any rights to any trademarks or service marks of
Dell or any of its licensors or suppliers. The use of any other software,
including any software package or file, whether licensed to you separately by
Dell or by a third party, is subject to the terms and conditions that come with
or are associated with such software.
3. Rights Reserved. THE SOFTWARE IS LICENSED, NOT SOLD. Except for the license
expressly granted in this EULA, Dell, on behalf of itself and its licensors and
suppliers, retains all right, title, and interest in and to the Software and in
all related content, materials, copyrights, trade secrets, patents, trademarks,
derivative works and any other intellectual and industrial property and
proprietary rights, including moral rights, registrations, applications,
renewals and extensions of such rights (the "Works"). The rights in these Works
are valid and protected in all forms, media and technologies existing now or
hereafter developed and any use other than as expressly set forth herein,
including the reproduction, modification, distribution, transmission,
adaptations, translation, display, republication or performance of the Works is
strictly prohibited. Dell, on behalf of itself and its licensors and suppliers,
retains all rights not expressly granted herein.
4. Restrictions. Except as otherwise provided herein or expressly agreed by
Dell, you may not, and will not allow a third party to: (A) sell, lease,
license, sublicense, assign, distribute or otherwise transfer or encumber by
any means (including by lien, hypothecation or otherwise) in whole or in part
the Software; (B) provide, make available to, or permit use of the Software in
whole or in part by, any third party, including contractors, without Dell's
prior written consent, unless such use by the third party is solely on your
behalf, is strictly in compliance with the terms and conditions of this EULA,
and you are liable for any breach of this EULA by such third party (a
“Permitted Third Party”); (C) copy, reproduce, republish, upload, post or
transmit the Software in any way; (D) decompile, disassemble, reverse engineer,
or otherwise attempt to derive source code (or underlying ideas, algorithms,
structure or organization) from the Software program, in whole or in part; (E)
modify or create derivative works based upon the Software; (F) use the Software
on a service bureau, rental or managed services basis or permit other
individuals or entities to create Internet "links" to the Software or "frame"
or "mirror" the Software on any other server or wireless or Internet-based
device; (G) use the Software to create a competitive offering; or (H) share or
publish the results of any benchmarking of the Software without Dell’s prior
written consent. You may not, and will not allow a Permitted Third Party to,
use the Software in excess of the number of licenses purchased from or
expressly authorized by Dell.
5. Compliance. Upon request by Dell, you will certify in writing that all use
of Software is in compliance with the terms of this EULA, indicating the number
of Software licenses deployed at that time. You grant Dell, or an agent
selected by Dell, the right to perform, during normal business hours, a
reasonable audit of your compliance with this EULA. You agree to cooperate and
provide Dell with all records reasonably related to your compliance with this
EULA.
6. Transferability. You have the limited right to transfer Software on a
permanent basis as part of the sale or transfer of the hardware system on which
the Software is loaded, provided that: (i) you retain no copies of any version
of the Software, (ii) the transfer includes the most recent update and all
prior versions of the Software.
7. Support and Subscription Services Not Included. Dell does not provide any
maintenance or support services under this EULA. Maintenance and support
services, if any, are provided under a separate agreement, which may be located
at www.dell.com/servicecontracts/global.
8. Termination. Dell may terminate this EULA immediately and without prior
notice if you fail to comply with any term or condition of this EULA or if Dell
does not receive timely payment for the licenses to the Software or for the
hardware to which Software is loaded, if any. In addition, Dell may terminate
any license to Software distributed for free, at any time in its sole
discretion. This EULA will terminate automatically if you fail to comply with
any of its terms or if the license term ends. You may terminate this EULA at
any time on written notice to Dell. In the event of termination of this EULA,
all licenses granted hereunder shall automatically terminate and you must
immediately cease use of the Software and return or destroy all copies of the
Software. The parties recognize and agree that their obligations under Sections
2, 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, and 22 of this
EULA, as well as obligations for payment, shall survive the cancellation,
termination and/or expiration of this EULA, and/or the licenses granted
hereunder. Dell will not have any obligation upon the termination of this EULA
to refund any portion of any license fee.
9. Export, Import and Government Restrictions. The Software is subject to U.S.
export laws as well as the laws of the country where it is delivered or used.
You agree to abide by these laws. Under these laws, the Software may not be
sold, leased or transferred to embargoed countries (currently Cuba, Iran, North
Korea, Sudan and Syria), other restricted countries, restricted end-users, or
for restricted end-uses. You specifically agree that the Software will not be
used 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, or nuclear weapons, missiles or support
of missile projects, or chemical or biological weapons. You understand that
certain functionality of the Software, such as encryption or authentication,
may be subject to import or export restrictions in the event that you transfer
the Software from the country of delivery and you are responsible for complying
with applicable restrictions.
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.
10. Warranty; Disclaimer of Warranty. Dell warrants that the software media, if
any, will be free from defects in materials and workmanship under normal use
for 90 days from the date you receive them. DELL MAKES, AND YOU RECEIVE, NO
OTHER WARRANTIES RELATED TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY,
AND DELL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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 AND THE RESULTS ACHIEVED. YOUR SOLE
AND EXCLUSIVE REMEDY, AND DELL’S ENTIRE LIABILITY, IS FOR DELL, AT ITS SOLE
DISCRETION, TO EITHER USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY ANY DEFECT
IN THE MEDIA OR TO PROVIDE A REFUND OF THE LICENSE FEES RECEIVED BY DELL FOR
THE SOFTWARE AND TERMINATE THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY MAY NOT
BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH
MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30)
DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE (UNLESS LOCAL LAW PROVIDES
OTHERWISE).
11. Limitation of Liability. DELL WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST
SAVINGS, LOST VALUE OR LOST SALES (WHETHER SUCH PROFITS, SAVINGS, VALUE OR
SALES ARE DIRECT, INDIRECT, CONSEQUENTIAL OR OF ANY OTHER NATURE), LOST OR
CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF SYSTEM(S) OR NETWORK(S), OR THE
RECOVERY OF SUCH DATA, SYSTEMS(S) OR NETWORK(S), LOSS OF BUSINESS OPPORTUNITY,
BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF GOODWILL OR REPUTATION, SOFTWARE NOT
BEING AVAILABLE FOR USE OR THE PROCUREMENT OF SUBSTITUTE SOFTWARE OR GOODS,
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THIS EULA UNDER ANY THEORY OF LIABILITY EVEN IF ADVISED
OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS EULA, DELL’S TOTAL
LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS EULA
AND/OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF EITHER: A) THE TOTAL AMOUNT
RECEIVED BY DELL FOR THE APPLICABLE SOFTWARE LICENSE DURING THE TWELVE MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE OR B)
THE AMOUNT RECEIVED BY DELL FOR THE SPECIFIC HARDWARE ON WHICH THE PARTICULAR
SOFTWARE WAS LOADED.
Insofar as applicable law prohibits any limitation on liability herein, the
parties agree that such limitation will be automatically modified, but only to
the extent required to make the limitation compliant with applicable law.
12. Development Tools. If the Software includes development tools, such as
scripting tools, APIs ( application programming interface s), or sample scripts
(collectively “Development Tools”) and unless there is a separate agreement
between you and Dell for the Development Tools, you may use such Development
Tools to create new scripts and code for the purpose of customizing your use of
the Software (within the parameters set forth in this EULA and within the
parameters set forth in the Development Tools themselves ) and for no other
purpose. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, THE DEVELOPMENT
TOOLS ARE PROVIDED "AS IS" WITHOUT INDEMNITY OR WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DELL BEARS NO LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM USE (OR ATTEMPTED USE) OF THE DEVELOPMENT TOOLS AND HAS NO DUTY
TO PROVIDE SUPPORT TO YOU.
13. Evaluation Licenses. This EULA does not license use of Software for
evaluation purposes (“Evaluation Software”). Your use of Evaluation Software is
subject to the separate license terms and conditions accompanying that
Evaluation Software.
14. Hosted and Internet-Accessible Software. Some or all of the Software may be
remotely hosted or accessible to you through the Internet (“Hosted Software”).
In such case, Dell may suspend, terminate, withdraw, or discontinue all or part
of the Hosted Software or your access to the Hosted Software upon receipt of a
subpoena or law-enforcement request, or when Dell believes, in its sole
discretion, that you have breached any term of this EULA or are involved in any
fraudulent, misleading, or illegal activities. Dell may modify the Hosted
Software at any time with or without prior notice to you. Dell may perform
scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade
the Hosted Software installed on its and your system(s), which may temporarily
degrade the quality of the Hosted Software or result in a partial or complete
outage of the Hosted Software. Updates, patches or alerts may be delivered from
Dell servers, which may be located outside of your country. Dell provides no
assurance that you will receive advance notification of such activities or that
your use of the Hosted Software will be uninterrupted or error-free.
15. Open Source and Third Party Software. The Software may come bundled or
otherwise be distributed with open source or other third party software, which
is subject to the terms and conditions of the specific license under which it
is distributed. OPEN SOURCE SOFTWARE IS PROVIDED BY DELL "AS IS" WITHOUT ANY
WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, AS IT
RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE
SOFTWARE, DELL SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under certain open source
software licenses, you are entitled to obtain the corresponding source files.
You may find corresponding source files for the Software at
http://opensource.dell.com or other locations that may be specified to you by
Dell.
16. High-Risk Disclaimer and Excluded Data. The Software is not designed or
intended for high-risk applications, for use as 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. You acknowledge that
Software provided under this EULA is not designed with security and access
management for the processing and/or storage of the following categories of
data and software: (A) classified data and software; (B) data and software
controlled under the International Traffic in Arms Regulations (“ITAR”); and
(C) personally identifiable information that is subject to heightened security
requirements as a result of your internal policies or practices or by law
(collectively referred to as “Excluded Data”). You hereby agree that you are
solely responsible for reviewing data that the Software will provide to Dell
(or to which Dell will have access) to ensure that it does not contain Excluded
Data.
17. Right to Preliminary and Injunctive Relief. You agree that money damages
would be an inadequate remedy for Dell in the event of a breach or threatened
breach by you of the provisions set forth in this EULA; therefore, you agree
that in the event of a breach or threatened breach of any such provisions, Dell
may, in addition to any other remedies to which it is entitled, be entitled to
such preliminary or injunctive relief (including an order prohibiting you from
taking actions in breach of such provisions), without the need for posting
bond, and specific performance as may be appropriate to preserve all of Dell’s
rights. All rights and remedies afforded Dell by law shall be cumulative and
not exclusive.
18. Choice of Law. THIS AGREEMENT AND ANY CLAIMS UNDER ANY THEORY OF LIABILITY
IN ANY WAY TO THIS AGREEMENT OR ANY RELATIONSHIPS CONTEMPLATED HEREIN SHALL BE
GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW AND EXCLUSIVE OF
ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF
GOODS. The parties agree that the provisions of the Uniform Computer
Information Transactions Act (“UCITA”), as it may have been or hereafter may be
in effect in any jurisdiction, shall not apply to this EULA, and the parties
waive any and all rights they may have under any laws(s) adopting UCITA in any
form.
19. Dispute Resolution and Binding Individual Arbitration. ANY CLAIM, DISPUTE,
OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING,
PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) BETWEEN YOU AND DELL arising out of or in connection with
this EULA, or the breach, termination or validity thereof SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION. If you are in the
United States, the arbitration will be administered by the American Arbitration
Association (AAA), or JAMS (if you are in Canada, arbitration will be at ADR
Chambers pursuant to the general ADR Chambers Rules for Arbitration located at
www.adrchambers.com). Otherwise, the dispute shall be finally settled under the
Rules of Arbitration of the International Chamber of Commerce (“ICC”) by one or
more arbitrators appointed in accordance with such rules. The arbitration shall
be conducted in the English language. For any ICC arbitration, the place of the
arbitration shall be Austin Texas or another commercial center reasonably
chosen by the arbitration panel to ensure that the award resulting from the
arbitration shall be of an international character and enforceable under the
New York Convention on the Recognition and Enforcement of Foreign Arbitral
Awards. The arbitration panel shall be empowered to grant whatever relief would
be available in court, including without limitation preliminary relief,
injunctive relief and specific performance. Any award of the arbitration panel
shall be final and binding immediately when rendered, and judgment on the award
may be entered in any court of competent jurisdiction. Neither you nor Dell
shall be entitled to join, consolidate, or include any claims belonging to or
alleged or arising from, by, or on behalf of any third party to an arbitration
brought hereunder, or arbitrate any claim as a class action, class
representative, class member, or in a private attorney general capacity. The
individual (non-class) nature of this dispute resolution provision goes to the
essence of the parties' dispute resolution agreement, and if found
unenforceable, the entire arbitration and dispute resolution provision shall be
void. Consumer claimants (individuals whose transaction is intended for
personal, family or household use) may elect to pursue their claims in
small-claims court rather than arbitration. Dell will be responsible for paying
any individual consumer's arbitration/arbitrator fees. Notwithstanding the
foregoing, Dell may apply to any relevant government agency or any court of
competent jurisdiction to preserve its rights under this EULA and to obtain any
injunctive or preliminary relief, or any award of specific performance, to
which it may be entitled, either against you or against a non-party; provided,
however, that no such administrative or judicial authority shall have the right
or power to render a judgment or award (or to enjoin the rendering of an
arbitral award) for damages that may be due to or from either party under this
EULA, which right and power shall be reserved exclusively to an arbitration
panel proceeding in accordance herewith.
20. No Waiver. No waiver of breach or failure to exercise any option, right, or
privilege under the terms of this EULA on any occasion by Dell shall be
construed to be a waiver of a subsequent breach or right to exercise any
option, right, or privilege.
21. No Assignment. Except as provided in Section 6, Customer may not assign or
transfer its interests, rights or obligations under this EULA, in whole or in
part, whether voluntarily, by contract, or by merger (whether that party is the
surviving or disappearing entity), stock or asset sale, consolidation,
dissolution, through government action or order, or otherwise. Any attempt to
assign this EULA without prior written consent from an authorized executive
officer of Dell shall be null and void.
22. Entire Agreement. Unless you have entered into another written agreement
with respect to the Software which has been signed by you and an authorized
representative of Dell and which conflicts with the terms of this EULA, you
agree that this EULA supersedes all prior written or oral agreements,
warranties or representations with respect to use of the Software. If any term
(or part thereof) of this EULA is found to be invalid or unenforceable, the
remaining provisions (including other valid parts within the effected term)
will remain effective. 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.
(S Version - Rev. 01142014)
-----------------------------------------------------------------------------
This is not a free software license.
openSUSE cannot provide that software.
A request to provide that software is therefore invalid.
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