END-USER LICENSE AGREEMENT for Dell BMU from Avocent Corporation.  


IMPORTANT-READ CAREFULLY.  THIS END-USER LICENSE AGREEMENT (THIS 
"EULA") IS A LEGAL AGREEMENT BETWEEN THE COMPANY YOU REPRESENT AND 
AVOCENT CORPORATION (OR, YOU IF YOU ARE AN INDIVIDUAL END USER, THIS IS 
AN AGREEMENT BETWEEN YOU AND AVOCENT CORPORATION.) FOR THE SOFTWARE 
PRODUCT IDENTIFIED ABOVE, WHICH SOFTWARE PRODUCT INCLUDES COMPUTER 
SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND 
ONLINE OR ELECTRONIC DOCUMENTATION (THE "SOFTWARE PRODUCT").  BY 
CLICKING THE ACCEPT BUTTON OR BY INSTALLING OR OTHERWISE USING THE 
SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF 
YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN DO NOT INSTALL OR USE 
THE SOFTWARE PRODUCT.  INSTEAD, YOU MAY, IF YOU ARE THE ORIGINAL 
PURCHASER OF THE SOFTWARE PRODUCT, RETURN THE UNOPENED SOFTWARE 
PACKET(S) AND ANY ACCOMPANYING WRITTEN MATERIALS TO THE PLACE OF 
PURCHASE FOR A FULL REFUND (IF APPLICABLE).  


END USER LICENSE AGREEMENT

1.	License Grant.  Subject to the payment of any applicable license 
fees and to the terms and conditions of this EULA, Avocent Corporation 
("Avocent") hereby grants you the nonexclusive, nontransferable, 
nonsublicensable right to install and use one copy of the  SOFTWARE 
PRODUCT solely with the computer with which it was originally packaged 
and/or shipped.

2.	Additional Restrictions.  

	(a)	Back-Up Copy.  You may make one (1) copy of the SOFTWARE 
PRODUCT for back-up and archival purposes.  You may not copy the 
printed materials accompanying the SOFTWARE PRODUCT.  You agree that 
any authorized copies of the SOFTWARE and accompanying printed 
materials will contain the same proprietary notices that appear on and 
in the SOFTWARE PRODUCT.

	(b)	No Reverse Engineering.  You may not:  (i) reverse 
engineer, decompile, disassemble, decode, or otherwise attempt to 
access the source code of the SOFTWARE PRODUCT or (ii) copy, modify, 
translate or create derivative works of the SOFTWARE PRODUCT.  If you 
acquired the SOFTWARE PRODUCT in the European Union (EU), even if you 
believe you require information related to the interoperability of the 
SOFTWARE PRODUCT with other programs, you shall not reverse engineer, 
decompile, disassemble, or decode the SOFTWARE PRODUCT to obtain such 
information, and you agree to request such information from Avocent at 
the address listed on the Avocent website at www.Avocent.com.  Upon 
receiving such a request, Avocent shall determine whether you require 
such information for a legitimate purpose, and if so, Avocent will 
provide such information to you within a reasonable time and on 
reasonable conditions.  

	(c)	No Transfers.  You may not redistribute, rent, lease, 
license, sublicense, assign, lend, or otherwise transfer the SOFTWARE 
PRODUCT or your rights under this EULA to any party.

3.	Support Services.  There are no support services related to the 
SOFTWARE PRODUCT ("Support Services") provided under this EULA, and any 
such support services are subject to the terms and conditions of a 
separate support agreement, if any, from your computer manufacturer.  

4.	Updates and Upgrades.  Avocent may, from time to time in its sole 
discretion and without any obligation to do so, make updates and/or 
upgrades to the SOFTWARE PRODUCT available via the Internet or other 
sources.  All such updates and upgrades shall be deemed to be included 
within the definition of SOFTWARE PRODUCT and shall be subject to the 
terms and conditions of this EULA. 

5.	Termination.  Without prejudice to any of Avocent's other rights, 
Avocent may terminate this EULA if you fail to comply with the terms 
and conditions of this EULA.  In such event, you must destroy any and 
all copies of the SOFTWARE PRODUCT and all of its component parts.

6.	Copyrights, Trademarks and Confidential Information.

	(a)	Ownership of Intellectual Property Rights.  The SOFTWARE 
PRODUCT and the methods, processes, and techniques used in the SOFTWARE 
PRODUCT are the proprietary intellectual property of Avocent and are 
protected by United States patent, copyright, trade secret, and 
trademark laws and international treaties.  The SOFTWARE PRODUCT, the 
accompanying printed materials, and any copies of the SOFTWARE PRODUCT 
are owned by or licensed to Avocent and/or its affiliated companies.  
The SOFTWARE PRODUCT and all copies of it are and will remain the sole 
property of Avocent and/or its affiliated companies, and Avocent and/or 
its affiliated companies shall own and retain all right, title, and 
interest in and to the SOFTWARE PRODUCT, including all copyrights, 
patents, trade secret rights, trademarks, and other intellectual 
property rights therein.  This SOFTWARE PRODUCT is licensed, not sold.  
You acknowledge that your possession, installation, or use of the 
SOFTWARE PRODUCT does not transfer to you any title to the intellectual 
property in the SOFTWARE PRODUCT, and that you do not acquire any 
rights to the SOFTWARE PRODUCT except the license expressly granted 
under Section 1 above.  You will not take any action to jeopardize, 
limit or interfere in any manner with Avocent's and its licensors' 
ownership of and rights with respect to the SOFTWARE PRODUCT.  

	(b)	Proprietary Notices.  You may not remove, modify, cover, 
obfuscate, or alter any Avocent patent, copyright, or trademark notice 
from any part of the SOFTWARE PRODUCT, including but not limited to any 
such notices contained in the physical and/or electronic media or 
documentation, in any installation routine or dialogue or 'about' 
boxes, in any of the runtime resources, and/or in any web-presence or 
web-enabled notices, code, or other embodiments originally contained in 
or otherwise created by the SOFTWARE PRODUCT.

	(c)	Confidential Information.  You agree to take all steps 
which are reasonable to safeguard the confidentiality of, and 
proprietary rights to, the SOFTWARE PRODUCT and accompanying 
documentation ("Confidential Information").  You agree that you will 
not (a) use the Confidential Information for your own benefit or the 
benefit of any third party except for purposes expressly provided for 
in this EULA or (b) disclose the Confidential Information to any third 
party; provided, however, that this shall not be construed to restrict 
the disclosure of information which (i) is publicly known to you at the 
time of its disclosure, (ii) is lawfully received by you from a third 
party not bound in a confidential relationship to Avocent, (iii) was 
already rightfully known by you prior to receipt thereof from Avocent, 
or (iv) after notice and an opportunity to object, is required by law 
to be disclosed.  

7.	Limited Warranty.

	(a)	Limited Warranty.  Avocent warrants that the SOFTWARE 
PRODUCT will, for a period of ninety (90) days from the date of 
delivery, perform substantially in accordance with Avocent's written 
materials accompanying the SOFTWARE PRODUCT.  The foregoing limited 
warranty shall not apply to any defect in the SOFTWARE PRODUCT that is 
caused by (i) the use or operation of the SOFTWARE PRODUCT with an 
application or in an environment other than that intended or 
recommended by Avocent, (ii) modifications to the SOFTWARE PRODUCT not 
made by Avocent, (iii) third party hardware or software, or (iv) your 
failure to implement all error corrections which are issued under this 
EULA.

	(b)	Exclusive Remedies.  In the event of any breach of the 
foregoing warranty or other duty owed by Avocent, Avocent's and its 
suppliers' entire liability and your exclusive remedy shall be, at 
Avocent's option, either (a) return of the price paid (license fees) by 
you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail 
price) if any, or (b) use commercially reasonable efforts to repair or 
replacement of the defective SOFTWARE PRODUCT.  Any replacement 
SOFTWARE PRODUCT will be warranted for the remainder of the original 
warranty period or thirty (30) days, whichever is longer.  

	(c)	Disclaimer.  To the maximum extent permitted by applicable 
law, and except for the limited warranty set forth above, AVOCENT AND 
ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SOFTWARE 
PRODUCT, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  TO THE MAXIMUM 
EXTENT PERMITTED BY APPLICABLE LAW, AVOCENT AND ITS SUPPLIERS DISCLAIM 
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, 
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH 
RESPECT TO THE SOFTWARE PRODUCT.  THE LIMITED WARRANTY SET FORTH ABOVE 
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHERS, WHICH VARY 
FROM STATE/JURISDICTION TO STATE/JURISDICTION.  SOME STATES AND 
JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE 
DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY 
TO YOU.  TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY 
DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE 
LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO 
THE NINETY (90) DAY WARRANTY PERIOD.  WITHOUT LIMITING THE FOREGOING, 
YOU ASSUME RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS 
OBTAINED FROM THE SOFTWARE PRODUCT, AND AVOCENT AND ITS SUPPLIERS MAKE 
NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE OR FREE FROM 
INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE PRODUCT WILL MEET 
YOUR REQUIREMENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 
AVOCENT, ITS EMPLOYEES, RESELLERS, OR AGENTS SHALL IN ANY WAY INCREASE 
THE SCOPE OF THE FOREGOING WARRANTY. 

8.	Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, 
WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL AVOCENT OR ITS SUPPLIERS 
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, 
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR GOODWILL, 
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, 
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL 
OTHER DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE 
THE SOFTWARE PRODUCT, EVEN IF AVOCENT HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, AVOCENT'S ENTIRE LIABILITY 
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU 
ACTUALLY PAID FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED 
THE DAMAGE EXCEPT THAT THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE 
LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME STATES AND 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY.

9.	Critical Systems.  The SOFTWARE PRODUCT shall not be used in 
connection with any system where malfunction can reasonably be expected 
to result in personal injury, death, or damage to tangible property or 
the environment.  Without limiting the foregoing, the SOFTWARE PRODUCT 
shall not be used in connection with any life support or patient care 
system, nuclear facility, aircraft operation, air traffic control, or 
other application representing a similar degree of hazard.  You agree 
to indemnify, defend and hold harmless Avocent and its officers, 
directors, employees, and affiliates from any claims or losses 
resulting from any of the foregoing uses of the SOFTWARE PRODUCT.

10.	Indemnification.  You agree to comply with all laws, rules, and 
regulations applicable to your use of the SOFTWARE PRODUCT and to 
indemnify, defend, and hold harmless Avocent against any and all claims 
arising out of any allegation that your use of the SOFTWARE PRODUCT 
violates any such law, rule or regulation.

11.	Third Party Software.  You acknowledge that the SOFTWARE PRODUCT 
may contain or be provided with copyrighted software from Avocent's 
suppliers as identified in associated documentation or other printed or 
electronic materials ("Third Party Software") which is obtained under a 
license from such suppliers.  Your use of any such Third Party Software 
shall be subject to, and you agree to comply with, the applicable 
restrictions and other terms and conditions in such documentation or 
materials as set forth in any "Third-Party Licenses ReadMe" file or 
similar file is located in the installation directory for the SOFTWARE 
PRODUCT.  

12.	U.S. Government Restricted Rights.  The SOFTWARE PRODUCT is a 
commercial product, developed at private expense, and provided with 
RESTRICTED RIGHTS.  Use, reproduction, release, modification, or 
disclosure of the SOFTWARE PRODUCT, or any part thereof, including 
technical data, by the Government is restricted in accordance with 
Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and 
Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 
for military agencies.  The manufacturer is: Avocent Corporation, 4991 
Corporate Drive, Huntsville, AL, 35805, USA.

13.	Export Restrictions.  You acknowledge and agree that the SOFTWARE 
PRODUCT may be subject to restrictions and controls imposed by the 
United States Export Administration Act and the regulations thereunder.  
You agree that it will not export or re-export either the SOFTWARE 
PRODUCT or any directly related materials to or into any country in 
violation of such controls or any other laws, rules or regulations of 
any country, state or jurisdiction.

14.	Choice of Law and Venue.  If you are using the SOFTWARE PRODUCT 
in North America or South America, this EULA shall be governed by the 
laws of the State of California, without reference to conflicts of laws 
provisions, and you agree that all disputes arising out of or in 
connection with this EULA shall be subject to the exclusive 
jurisdiction of and venue in the federal and state courts within San 
Jose, California, and you irrevocably consent to the personal and 
exclusive jurisdiction and venue of these courts.  If you are using the 
SOFTWARE PRODUCT in the European Union, this EULA shall be governed by 
the laws of the Republic of Ireland, without reference to conflicts of 
laws provisions, and you agree that all disputes arising out of or in 
connection with this EULA shall be subject to the exclusive 
jurisdiction of and venue in the courts within Shannon, Ireland, and 
you irrevocably consent to the personal and exclusive jurisdiction and 
venue of these courts.  If you are using the SOFTWARE PRODUCT in Asia, 
this EULA shall be governed by the laws of the Singapore, without 
reference to conflicts of laws provisions, and you agree that all 
disputes arising out of or in connection with this EULA shall be 
subject to the exclusive jurisdiction of and venue in the courts within 
Singapore and you irrevocably consent to the personal and exclusive 
jurisdiction and venue of these courts.  In any event, this EULA shall 
not be governed by the United Nations Convention on Contracts for the 
International Sale of Goods.

15.	Miscellaneous.  This EULA constitutes the entire agreement 
between you and Avocent and supersedes any prior agreement concerning 
the SOFTWARE PRODUCT.  Avocent is not bound by any provision of any 
purchase order, receipt, acceptance, confirmation, or other 
correspondence provided by you, unless Avocent specifically agrees to 
the provision in writing.  If any provision of this EULA shall be held 
to be invalid, illegal or unenforceable, such provision shall be 
enforced to the maximum extent permitted by law and the remaining 
provisions shall not be affected.  You are responsible for the payment 
of any taxes, including your personal property taxes, arising from this 
EULA or your use of the SOFTWARE PRODUCT.

16.	Customer Contact.  If you have any questions concerning this 
EULA, have product feedback or if you would like to contact Avocent for 
any other reason, please email Feedback-Embedded@Avocent.com.


