Reference Guide

Internal Use - Confidential
Customer’s use or attempted use of Third Party Software, Free Software or Development Tools, all
defined in the EULA described in clause 4 above, or Third Party Products.
B. Disclaimer of Certain Other Damages. Except for Customer’s payment obligations and
violation of Supplier’s or its Affiliates’ intellectual property rights, neither Supplier (and its
suppliers) nor Customer has liability to the other for special, consequential, exemplary, punitive,
incidental or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, loss
of use or procurement of substitute products or services.
8.2 Prevention and Mitigation. Customer is solely responsible for its data. Customer shall implement IT
architecture and processes enabling Customer to prevent and mitigate damages in line with the criticality
of the systems and data for Customer’s business and its data protection requirements, including a
business recovery plan. In that regard, Customer shall: (i) provide for a backup process on a regular (at
least daily) basis and backup relevant data before Supplier performs any remedial, upgrade or other
works on Customer’s IT systems; (ii) monitor the availability and performance of its IT environment during
the performance of Services; and (iii) promptly react to messages and alerts received from Supplier or
through notification features of the Products and immediately report any identified issue to Supplier. To
the extent that Supplier has any liability for data loss, Supplier shall only be liable for the cost of
commercially reasonable and customary efforts to recover the lost data from Customer’s last available
backup.
8.3 Limitation Period. Except as stated in this clause, all claims must be made within the period
specified by applicable law. If the law allows the parties to specify a shorter period for bringing claims, or
the law does not provide a time at all, then claims must be made within 18 months after the cause of
action accrues.
9. Third Party Products.
Supplier may offer to supply Third Party Products that are provided by a third party manufacturer/supplier,
e. g. under Supplier’s “Dell EMC Select” program, Supplier’s “Brokerage” program or Supplier’s Software
& Peripherals (S&P) program, and may include offerings from Supplier Affiliates using different brands
other than “Dell” or “Dell EMC”. Notwithstanding any other provisions herein, such Third Party Products
are subject to the standard license, services, warranty, indemnity and support terms of the third party
manufacturer/supplier (or an applicable direct agreement between Customer and such
manufacturer/supplier), to which Customer shall adhere. Even if support fees are invoiced through
Supplier, such Third Party Products are not supported by Supplier and Customer shall contact such third
party directly for support. Any warranty, damages or indemnity claims against Supplier in relation to such
Third Party Products are expressly excluded. References to warranty and support information for Dell
EMC Select products is currently available through www.dell.com/offeringspecificterms.
10. Confidentiality.
10.1 Scope. “Confidential Information” shall mean any information, pricing, technical data or know-how
furnished in connection with the scope of this CTS, whether in written, oral, electronic, website-based, or