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Appendix 119
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, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND 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.
119


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