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party without the prior express written consent of Dell Company agrees that Dell may audit Company to ensure compliance with this Agreement. By Dell Dell may only use the Metrics gathered by the Tool and provided to Dell by Company for the purposes of: (i) making changes or improvements to the Dell products; (ii) providing technical support to the Company; (iii) provision or recommendation of other products or services to Company, including but not limited to any professional or managed services that the Company may purchase from Dell; (iv) Dell internal analysis of general trends in customer experience with Dell products. Dell may, in its sole discretion provide the Company with a report of the results of Dell’s analysis of the Metrics. Company understands and agrees that Dell is under no obligation to perform any such analysis or to provide any such report. 5. By installing, activating, running or otherwise using the Tool, Company consents to the collection of the Metrics. Company further acknowledges that by choosing to provide Dell with access to or copies of the Metrics, Dell may on occasion come into possession of personally identifiable information about the Company and/or its employees (e.g. Company Name, contact information, email addresses). By installing, activating, running or otherwise using the Tool and submitting Metrics to Dell, Company hereby consents to Dell’ s collection, storage, transmission and use of this personally identifiable data for the purposes outlined elsewhere in this Agreement. 6. CONFIDENTIALITY. Company and Dell agree to maintain in confidence and use only as expressly permitted in this Agreement any Confidential Information received in whatever form it is received. For the purposes of this Agreement, "Confidential Information" shall mean the Tool, the terms of this Agreement, the Metrics, any disclosure of information in reports, any testing data or results, any feedback, any benchmarking or other analysis completed in whole or in part in conjunction with usage of the Tool, and any other non-public information or materials; provided, however, that Confidential Information shall not include any information that the Company can demonstrate: (i) is or becomes public knowledge through no fault of the Company; (ii) was rightfully in the Company’s possession prior to disclosure by Dell as evidenced by written records of the Company; (iii) subsequent to disclosure, is rightfully obtained by the Company from a third party in lawful possession of such Confidential Information, as evidenced by written records of the Company; (iv) is independently developed by the Company without reference to the Confidential Information; or (v) is required to be disclosed by law. 7. WARRANTY DISCLAIMER. THE TOOL IS PROVIDED "AS IS". DELL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE TOOL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON- INFRINGEMENT. COMPANY WILL USE THE TOOL AT ITS OWN RISK. DELL SHALL NOT BE LIABLE TO
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  • Fall '19
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