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168 Manuel de l’utilisateur
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF
LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some
states/jurisdictions do not allow exclusion of implied warranties or
limitations on the duration of implied warranties, so the above disclaimer
may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might
incur, the entire liability of Dell and any of its suppliers under any provision of
this EULA and your exclusive remedy for all of the foregoing shall be limited
to the greater of the amount actually paid by you for the Software Product or
U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL DELL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY
PROVISION OF THIS EULA, EVEN IF DELL OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and
Technical Data for Commercial Items are licensed to the U.S. Government
under Dell’s standard commercial license.
The following provisions apply to the software supplied to United States
government End Users, or any other entity seeking or applying rights similar
to those exercised by the United States government:
If You are an agency of the United States of America (the “Government”),
You acknowledge the representation that the Software Product is a
“Commercial Item” as defined in Federal Acquisition Regulation (FAR) part
52.101(g) [see also FAR 44.402(a)(2)(i)(ii)] consisting of unpublished
“Restricted Computer Software” as that term is used at FAR 27.401.
Consistent with FAR 12.212(a) (1995) and DFARS parts 227.7202-1(a) and
227.7203, the Program is only licensed to You with the same use rights Dell