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END USER LICENSE AGREEMENT FOR DELL PERFORMANCE ANALYSIS COLLECTION KIT THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN THE COMPANY RECEIVING THE TOOL (THE "COMPANY"), AND DELL PRODUCTS L.P OR DELL GLOBAL B.V. ("DELL") FOR LICENSING OF THE DELL PERFORMANCE ANALYSIS COLLECTION KIT (THE "TOOL"). BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE TOOL, COMPANY AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF COMPANY DOES NOT AGREE TO THESE TERMS, COMPANY SHALL PROMPTLY DISABLE THE TOOL IN ALL COMPANY COMPUTER SYSTEMS AND RETURN ALL THE TOOL ITEMS (DISKS, FLASHDRIVES OR OTHER MEDIA, WRITTEN MATERIALS, AND PACKAGING) AND/OR PERMANENTLY DELETE THE DOWNLOADED TOOL SOFTWARE. THE INDIVIDUAL CLICKING OR TYPING "I ACCEPT" IN THE TOOL, REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY. 1. LICENSE. Company will have a temporary nontransferable, non-assignable, non-sublicensable right and license to (a) use the Tool, in binary form only, for purposes of evaluation and testing of the performance of the Company’s server environment; and (b) gathering performance information, including, but not limited to machine name, volume name, mount point, read/write IOPS, latency periods, memory size, OS version and number of cores (the "Metrics"). All Metrics or other reports, testing data or results, feedback, benchmarking or other analysis completed in whole or in part in conjunction with usage of the Tool, and provided to Dell by Company, shall be treated by Dell in compliance with Dell’s Privacy Policy which may be found at www.dell.com and shall be used by Dell for the purposes outlined in section 4 below. Except as specifically set forth herein, Company shall not use the Tool, nor any information gained from such use, for the purposes of designing or developing, or authorizing or assisting others in designing or developing data storage systems, including related software. TERM. The "Term" begins when the Tool is received