FAQ

3 DELL BSAFE OEM LICENSE AGREEMENT
(2) No Modification of Software or Disclosure of Analysis. Customer shall not (a) modify, translate, reverse
engineer, reverse compile or otherwise reduce the Software to human readable form, or (b) disclose to any
third party of the results of any benchmarking or competitive analysis of the Software that Customer may
perform, without Licensor's prior written consent.
(3) Sublicensing and Private Labeling. Unless otherwise indicated in this Agreement, Customer shall
cause Licensed Products resold by Distributors to bear Customer's trademarks and service marks, and
Customer shall not cause or permit Distributors or any other third party to privately label, add to or modify the
Licensed Products or any portion thereof. Customer has no right to sublicense the Software or Licensed
Products except to End Users as permitted under this Agreement.
(4) No Combination with Open Source Software. Some third party license terms require that computer
code be generally (a) disclosed in source code form to third parties, (b) licensed to third parties for the
purpose of making derivative works, or (c) redistributable to third parties at no charge (collectively, "Excluded
License Terms"). Customer shall not incorporate, modify, combine or distribute the Software with any other
computer code in a manner that would subject the Software to Excluded License Terms.
(5) Audit Rights. Licensor (including its independent auditors) shall have the right to audit Customer's
usage of Software to confirm compliance with the agreed terms. Such audit is subject to reasonable advance
notice by Licensor and shall not unreasonably interfere with Customer's business activities. Customer will
provide Licensor with the support required to perform such audit and will, without prejudice to other rights of
Licensor, address any non-compliant situations identified by the audit by forthwith procuring additional
licenses.
3. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
A. Ownership of Software. Licensor or its licensors or suppliers are the exclusive owners of all Software and
Documentation (including revisions, modifications and enhancements thereto) and any other specifications,
documentation, ideas, know-how, techniques, processes, inventions or other intellectual property that
Licensor or its licensors or suppliers may develop, conceive or deliver under this Agreement, including all
patents, copyrights and other intellectual property rights thereto.
B. Ownership of Trademarks. By this Agreement, Customer acquires no rights of any kind in or to any
Licensor trademark, service mark, trade name, logo or product designation and shall not make any use of the
same for any reason except as expressly authorized by this Agreement or otherwise authorized in writing by
Licensor. Customer shall cease to use in any manner such markings or any similar markings upon the
expiration or termination of this Agreement.
C. Web Sites and Domain Names. Without limiting the generality of Section 3(B) above, neither party shall,
without the prior written consent of the other party, (1) establish, operate, sponsor or contribute content to a
web site that incorporates any of the other party's trademarks into such web site's URL address; (2) register
any domain names that incorporate any of the other party's trademarks; (3) register any trademarks of the
other party or any trademarks that are confusingly similar to any of the other party's trademarks; or (4) form
any corporation or other entity under a name that incorporates any of the other party's corporate name or
trademarks.
4. DELIVERY.
Acceptance that Software operates in substantial conformity to the Documentation occurs upon electronic
availability. Notwithstanding such acceptance, Customer retains all rights and remedies set forth in Section 5
(WARRANTY AND DISCLAIMER).