Reference Guide

ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. GENERAL If any provision of this Agreement is invalid or
unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and
without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's
patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's
rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this
Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted
and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions)
of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse
Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a
suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new
version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new
version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of
any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly
granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual
property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one
year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
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====== logo Members Working Groups Projects More Breadcrumbs HomeAbout UsGovernance DocumentsEclipse Distribution License
Eclipse Distribution License - v 1.0 Copyright (c) 2007, Eclipse Foundation, Inc. and its licensors. All rights reserved. Redistribution and use
in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of
source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must
reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution. Neither the name of the Eclipse Foundation, Inc. nor the names of its contributors may be used to endorse
or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE
COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
OEM Letter 380
October 21, 2016
Jacob Migliazzo
DELL INC.
One Dell Way
Round Rock, Texas 78682
United States
Re: Permission to redistribute Microsoft Update Catalog software components under the terms of the Microsoft Agreement
Number 5182220035, between Microsoft and Company
Dear Jacob Migliazzo:
As previously communicated, MS has changed the release and redistribution process for obtaining Product software updates. Previously,
all updates were posted on Software Order Center (SOC). MS is no longer releasing Product software updates via SOC, as such updates
are available via the Microsoft Update Catalog located at http://catalog.update.microsoft.com/v7/site/Home.aspx. Full Product images
will still be available for Software Release via SOC. Given this change, Microsoft is providing Company with appropriate redistribution
rights for updates obtained from the Microsoft Update Catalog as outlined below:
MS hereby grants a limited, worldwide, non-exclusive, royalty-free license to use and redistribute software components that are publicly
available from the Microsoft Update Catalog site (currently located at http://catalog.update.microsoft.com/v7/site/Home.aspx)
("Microsoft Updates), under the terms and conditions of Company’s Agreement, and subject to the conditions outlined below. All
capitalized terms not defined in this letter have the meanings given them in the Agreement.
Third party licenses
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