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Dell End User License Agreement
Dell BSAFE OEM and Dell End User License Agreements 21
Customer's sole and exclusive remedy and Supplier's entire liability for a breach of this
warranty is for Supplier, at its sole discretion, to either use commercially reasonable
efforts to remedy the non-conformance or to terminate the license for the affected
Software and provide a pro-rata refund of the license fees received by Supplier for such
Software.
7.3 Services Warranty. Supplier will perform Services in a workmanlike manner in
accordance with generally accepted industry standards. Customer must notify Supplier of
any failure to so perform within 10 days after the date on which such failure first occurs. In
such case, Supplier will use reasonable efforts to correct such failure within a reasonable
period of time. If, after reasonable efforts, Supplier is not able to correct such deficiencies
for reasons for which Supplier is responsible, then Customer may terminate the affected
Services for cause by providing written notice to Supplier.
7.4 Limitations. The warranties set forth in this clause 7 do not cover problems that arise
from: (i) accident or neglect by Customer or any third party; (ii) any third party items or
services with which the Product is used or other causes beyond Supplier's control; (iii)
installation, operation or use not in accordance with Supplier's instructions and the
applicable documentation; (iv) use in an environment, in a manner or for a purpose for
which the Product was not designed; (v) modification, alteration or repair by anyone other
than Supplier personnel or (vi) causes attributable to normal wear and tear. Supplier has
no obligation for: (1) Software installed or used beyond the licensed use, or (2) Product
whose original identification marks have been altered or removed. Products and Services
are not fault-tolerant and are not designed or intended for use in hazardous environments
requiring fail-safe performance, such as any application in which the failure of the
Products or Services could lead to death, bodily injury, or physical or property damage
(collectively, "High-Risk Activities"). Supplier expressly disclaims any express or implied
warranty of fitness for High-Risk Activities.
7.5 Warranty Disclaimer. Other than the warranties set forth in this clause 7 and the
Schedules, and to the maximum extent permitted by applicable law, Supplier and
Supplier Affiliates: (i) make no other express warranties; (ii) disclaim all implied
warranties, including merchantability, fitness for a particular purpose, title and
non-infringement; and (iii) disclaim any warranty arising by statute, operation of law,
course of dealing or performance or usage of trade.
8. Limitation of Liability.
8.1 Limitations on Damages. The limitations, exclusions and disclaimers stated below
apply to all disputes, claims or controversies (whether in contract, tort (including
negligence) or otherwise) related to or arising out of the CTS or any Quote or Order
("Dispute"). The terms of this clause are agreed allocations of risk constituting part of the
consideration for Supplier's and its Affiliates' sale of Products and Services to Customer
and will apply even if there is a failure of the essential purpose of any limited remedy, and
regardless of whether a party has been advised of the possibility of the liabilities.
A. Limitation on Direct Damages. Except for Customer's obligations to pay for
Offerings, Customer's violation of the restrictions on use of Products and Services or
Supplier's or its Affiliates' intellectual property rights, Supplier's (including its suppliers)
and Customer's total liability arising out of any Dispute or any matter under this CTS, is
limited to the amount Customer paid to Supplier during the 12 months before the date that
the matter or Dispute arose for the Product, Services or both that are the subject of the