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164 Manuel de l’utilisateur
will be limited solely to the dispute or controversy between customer
and Dell. NEITHER CUSTOMER NOR DELL SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM
AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. This transaction involves
interstate commerce, and this provision shall be governed by the
Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may
be entered as a judgment in any court of competent jurisdiction. Dell
will be responsible for paying any arbitration filing fees and fees
required to obtain a hearing to the extent such fees exceed the amount
of the filing fee for initiating a claim in the court of general jurisdiction
in the state in which you reside. Each party shall pay for its own costs
and attorneys' fees, if any. However, if any party prevails on a statutory
claim that affords the prevailing party attorneys' fees, or if there is a
written agreement providing for fees, the Arbitrator may award
reasonable fees to the prevailing party, under the standards for fee
shifting provided by law. Information may be obtained and claims may
be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
(REV 3//04)
END-USER LICENSE AGREEMENT
PLEASE READ CAREULLY BEFORE USING THIS EQUIPMENT: This End-User
License Agreement (“EULA”) is a legal agreement between (a) you (either an
individual or a single entity) and (b) Dell, Inc. (“Dell”) and its licensors
(including their licensors and suppliers) that governs your use of any
Software Product, installed on or made available by Dell for use with your
Dell computer product (“Dell Hardware”), that is not otherwise subject to a
written license agreement between you and Dell or its suppliers. The term
“Software Product” means computer software and data (including data
supplied by NAVTEQ, herein referred to as the "NAVTEQ Data") and may
include associated media, printed materials and “online” or electronic
documentation. An amendment or addendum to this EULA may accompany
the Software Product.