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Dell BSAFE OEM License Agreement
Dell BSAFE OEM and Dell End User License Agreements 11
Agreement, failure to do back-ups of data or any other matter under the control of the
Customer. For the purposes of this Section 7, the term "loss" shall include a partial loss,
as well as a complete or total loss.
D. The parties expressly agree that should any limitation or provision contained in
this Section 7 be held to be invalid under any applicable statute or rule of law, it shall to
that extent be deemed omitted, but if any party thereby becomes liable for loss or damage
which would otherwise have been excluded such liability shall be subject to the other
limitations and provisions set out in this Section 7.
E. The parties expressly agree that any order for specific performance made in
connection with this Agreement in respect of Licensor shall be subject to the financial
limitations set out in sub-section 7.B.
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., including but not limited to flood, fire, power loss, denial of access or air crash) and
affect the availability of data at the impacted site;
2) have adequate processes and procedures in place to restore data back to a
point in time and prior to point of failure, and in the event of real or perceived data loss,
provide the skills/backup and outage windows to restore the data in question;
3) use anti-virus software and regularly install updates across all data which is
accessible across the network; and
4) ensure that all operating system, firmware, system utility (e.g., but not limited
to, volume management, cluster management and backup) and patch levels are kept to
Licensor recommended versions and that any proposed changes thereto shall be
communicated to Licensor in a timely fashion.
3. Section 7.D (Limitation Period). This Section is deleted in its entirety and replaced
with the following as a totally separate section:
(D) WAIVER OF RIGHT TO BRING ACTIONS: The Customer waives the right to
bring any claim arising out of or in connection with this Agreement more than twenty-four
(24) months after the date of the cause of action giving rise to such claim.
C. European Union. The terms in this subsection C apply only when Licensor means a
Dell sales subsidiary located in the European Union:
1. Section 2.A (License for Software). The following is added at the end of this section:
Customer shall not, and Customer shall not permit any third party to, modify,
enhance, supplement, create derivative works from, reverse assemble, reverse engineer,
reverse compile or otherwise reduce to human readable form the Software without
Licensor's prior written consent, except to the extent that local, mandatory law grants
Customer the right to decompile such Software in order to obtain information necessary
to render such interoperable with other software.