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1 DELL BSAFE OEM LICENSE AGREEMENT

DELL BSAFE OEM LICENSE AGREEMENT

*** IMPORTANT INFORMATION - PLEASE READ CAREFULLY ***

This Software contains computer programs and other proprietary material and information, the use of which is

subject to and expressly conditioned upon acceptance of this License Agreement (the "Agreement").

This Agreement is a legally binding document between you (meaning the individual person or the entity that

the individual represents that has obtained the Software for its internal productive use and not for outright

resale) (the "Customer") and Licensor (which may be a Dell Inc. Affiliate or an authorized reseller, as

explained below). Capitalized terms have meaning stated in the Agreement.

By clicking on the "Agree" or "Accept" or similar button at the end of this Agreement, or proceeding with the

installation, downloading, use or reproduction of this Software, or authorizing any other person to do so, you

are representing to Licensor that you are (i) authorized to bind the Customer; and (ii) agreeing on behalf of

the Customer that the terms of this Agreement shall govern the relationship of the parties with regard to the

subject matter in this Agreement and are waiving any rights, to the maximum extent permitted by applicable

law, to any claim anywhere in the world concerning the enforceability or validity of this Agreement.

If you do not have authority to agree to the terms of this Agreement on behalf of the Customer, or do not

accept the terms of this Agreement on behalf of the Customer, click on the "Cancel" or "Decline" or other

similar button at the end of this Agreement and/or immediately cease any further attempt to install, download

or use this Software for any purpose, and remove any partial or full copies made from this Software.

1. DEFINITIONS.

A. "Affiliate" means a legal entity that is controlled by, controls, or is under common "control" of Licensor or

Customer. "Control" means more than 50% of the voting power or ownership interests.

B. "Confidential Information" means and includes the terms of this Agreement and Software and all

confidential and proprietary information of Licensor or Customer, including without limitation, all business

plans, product plans, financial information, software, designs, and technical, business and financial data of

any nature whatsoever, provided that such information is marked or designated in writing as "confidential,"

"proprietary," or any other similar term or designation. Confidential Information does not include information

that is (i) rightfully in the receiving party's possession without obligation of confidentiality prior to receipt from

the disclosing party, (ii) a matter of public knowledge through no fault of the receiving party, (iii) rightfully

furnished to the receiving party by a third party without restriction on disclosure or use; or (iv) independently

developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

C. "Distributor" means a reseller, distributor, system integrator, service provider, independent software

vendor, value-added reseller, OEM or other partner that is authorized by Licensor to license Software to end

users. The term shall also refer to any third party duly authorized by a Distributor to license Software to end

users.

D. "Documentation" means the then-current, generally available, written user manuals and online help and

guides for Software or Hardware provided by Licensor.

E. "End User" means a person or an entity receiving a Licensed Product from Customer or a Distributor for

its own use and not for redistribution.

Summary of content (11 pages)

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DELL BSAFE OEM LICENSE AGREEMENT *** IMPORTANT INFORMATION - PLEASE READ CAREFULLY *** This Software contains computer programs and other proprietary material and information, the use of which is subject to and expressly conditioned upon acceptance of this License Agreement (the "Agreement").
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F. "Licensed Product" means one or more of Customer's products or product groups, identified in the applicable Quote that incorporates in any manner any portion of the Software. G. "Product Notice" means the notice by which Licensor informs Customer of product-specific use rights and restrictions, warranty periods, warranty upgrades and maintenance (support) terms.
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(2) No Modification of Software or Disclosure of Analysis. Customer shall not (a) modify, translate, reverse engineer, reverse compile or otherwise reduce the Software to human readable form, or (b) disclose to any third party of the results of any benchmarking or competitive analysis of the Software that Customer may perform, without Licensor's prior written consent. (3) Sublicensing and Private Labeling.
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5. WARRANTY AND DISCLAIMER. A. Software Warranty. Licensor warrants for a period of ninety (90) days from the date of shipment or the date of electronic availability, as applicable, that the Software will substantially conform to the applicable Documentation for such Software (the "Warranty Period"). Licensor does not warrant, however, that the Software or any portion thereof is error-free.
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SOFTWARE FROM WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i) ABOVE OR OTHERWISE EXCLUDED HEREUNDER. B. No Indirect Damages. EXCEPT WITH RESPECT TO CLAIMS REGARDING VIOLATION OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, NEITHER CUSTOMER NOR Licensor SHALL HAVE LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE POSSIBILITY THEREOF. C.
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12. MISCELLANEOUS. A. References. Licensor may identify Customer for reference purposes and use Customer's logo in its marketing material unless and until Customer expressly objects in writing. B. Notices and Language.
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D. Warranty Exclusions.
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warranties shall be for breach of contract under the terms of this Agreement. Nothing in Section 7 shall however operate to limit or exclude any liability for fraud. No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person that is not a party to this Agreement. If any part of this Agreement is held unenforceable, the validity of the remaining provisions shall not be affected. B. Ireland.
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F. CUSTOMER OBLIGATIONS IN RESPECT OF PRESERVATION OF DATA. During the Term of the Agreement the Customer shall: 1) from a point in time prior to the point of failure, (i) make full and/or incremental backups of data which allow recovery in an application consistent form, and (ii) store such back-ups at an off-site location sufficiently distant to avoid being impacted by the event(s) (e.g.
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PAID BY CUSTOMER TO Licensor FOR THE SPECIFIC SERVICE (CALCULATED ON AN ANNUAL BASIS, WHEN APPLICABLE) SOFTWARE FROM WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i) ABOVE OR OTHERWISE EXCLUDED HEREUNDER. B. No Indirect Damages.
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14. CUSTOMER OBLIGATIONS A. Customer may not engage any third parties to conduct security audits of Licensor Software without the prior written consent of Licensor. B. Customer agrees to comply with the Licensor Security Vulnerability Reporting Policy, currently located at https://www.dell.com/support/contents/en-us/article/product-support/self-support-knowledgebase/securityantivirus/alerts-vulnerabilities/dell-vulnerability-response-policy. C.