Dell SonicWALL Secure Mobile Access 8.5Administration Guide 500SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONSDO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOTAPPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTSWHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the expresswarranty set forth above fails of its essential purpose.DISCLAIMER OF LIABILITY. DELL SONICWALL'S SOLE LIABILITY IS THE SHIPMENT OF A REPLACEMENT PRODUCT ASDESCRIBED IN THE ABOVE LIMITED WARRANTY. IN NO EVENT SHALL DELL SONICWALL OR ITS SUPPLIERS BE LIABLEFOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESSINTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TOUSE THE PRODUCT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVERCAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USEHARDWARE OR SOFTWARE EVEN IF DELL SONICWALL OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. In no event shall Dell SonicWALL or its suppliers' liability to Customer, whether in contract,tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shallapply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONSDO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY NOT APPLY TO YOU.End User License AgreementPLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT. BY DOWNLOADING, INSTALLING ORUSING THIS PRODUCT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. FORORDERS PLACED OUTSIDE THE UNITED STATES OF AMERICA, PLEASE GO TOHTTP://SOFTWARE.DELL.COM/LEGAL/STA.ASPX TO VIEW THE APPLICABLE VERSION OF THIS AGREEMENT FORYOUR REGION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE APPLICABLEVERSION OF THIS AGREEMENT FOR YOUR REGION, DO NOT DOWNLOAD, INSTALL OR USE THIS PRODUCT. IF YOUHAVE A SIGNED AGREEMENT WITH DELL THAT IS SPECIFICALLY REFERENCED IN AN ORDER THAT IS EXECUTEDBETWEEN YOU AND DELL, THEN THAT SIGNED AGREEMENT WILL SUPERSEDE THIS AGREEMENT.This Software Transaction Agreement (the “Agreement”) is made between you, the Customer (“Customer” or“You”) and Dell, as defined in the sections that follow.1 Definitions.Capitalized terms not defined in context shall have the meanings assigned to them asfollows:a “Affiliate” means any legal entity controlling, controlled by, or under common control with aparty to this Agreement, for so long as such control relationship exists.b “Appliance” means a computer hardware product upon which the Software is pre-installed anddelivered.c “Dell” means either (i) Dell Software Inc. (“DSI”), with its principal place of business located at5 Polaris Way, Aliso Viejo, CA 92656, or (ii) if an Order is placed through an Affiliate of DSI, theAffiliate of DSI that executed or approved the Order.d “Documentation” means the user manuals and documentation that Dell makes available for theSoftware, and all copies of the foregoing.e “eStore” means Dell’s online Software ordering system located athttp://software.dell.com/shop/.f “License Type” means the model by which the Software is licensed (for example, by server, bymailbox, by managed user) as indicated in the applicable Order.g “Maintenance Services” means Dell’s maintenance and support offering for the Products asidentified in the Maintenance Services Section that follows.h “Order” means the document by which Customer orders the Product(s) or, if Customer orders theProduct(s) from the eStore, the process by which Customer orders the Product(s). Orders that aresigned by both Customer and Dell (“Signed Orders”) shall be governed solely by the terms of thisAgreement and the applicable Order. Orders placed with a Customer purchase order only, Ordersplaced through the eStore and all Orders placed through a Partner shall be governed solely by theterms of this Agreement. Any conflicting or additional terms in or accompanying an Order will not