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24 Dell BSAFE OEM and Dell End User License Agreements
Dell End User License Agreement
12.2 Trade Compliance. Customer's purchase of Offerings and access to related
technology (collectively, the "Materials") are intended for its own use, not for resale,
export, re-export, or transfer. Customer is subject to and responsible for compliance with
the export control and economic sanctions laws of the United States, the European Union
and other applicable jurisdictions. Materials may not be used, sold, leased, exported,
imported, re-exported, or transferred except in compliance with such laws, including,
without limitation, export licensing requirements, end user, end-use, and end-destination
restrictions, prohibitions on dealings with sanctioned individuals and entities, including but
not limited to persons on the Office of Foreign Assets Control's Specially Designated
Nationals and Blocked Persons List, or the U.S. Department of Commerce Denied
Persons List. Customer represents and warrants that it is not the subject or target of, and
that Customer is not located in a country or territory (including without limitation, North
Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of, economic sanctions
of the United States, European Union or other applicable jurisdictions.
12.3 Customer Responsibility. Customer agrees that it will obtain all necessary rights,
permissions and consents associated with: (a) technology or data (including personal
data) that Customer and its Affiliates provide to Supplier or its Affiliates, and (b)
non-Supplier software or other components that Customer and its Affiliates direct or
request that Supplier or its Affiliates use with, install, or integrate as part of the Supplier's
Offerings. Customer is solely responsible for reviewing data that will be provided to or
accessed by Supplier in the provision of the Offerings to ensure that it does not contain:
(i) data that is classified, ITAR (International Traffic in Arms Regulations) related data, or
both; or (ii) articles, services, and related technical data designated as defense articles
and defense services. Customer will defend and indemnify Supplier and its Affiliates
against any third-party claim resulting from a breach of the foregoing, or from Customer's
infringement or misappropriation of intellectual property rights of Supplier, its Affiliates or
third parties.
12.4 Encryption. Customer certifies that all items (including hardware, software,
technology and other materials) it provides to Supplier for any reason that contain or
enable encryption functions either (a) satisfy the criteria in the Cryptography Note (Note
3) of Category 5, Part 2 of the Wassenaar Arrangement on Export Controls for
Conventional Arms (Wassenaar Arrangement) and Dual-Use Goods and Technologies
and Category 5, Part 2 of the U.S. Commerce Control List (CCL) or (b) employ key length
of 56-bit or less symmetric, 512-bit asymmetric or less, and 112-bit or less elliptic curve or
(c) are otherwise not subject to the controls of Category 5, Part 2 of the Wassenaar
Arrangement and Category 5, Part 2 of the CCL. Supplier is not responsible for
determining whether any third-party product to be used in the products and services
satisfies regulatory requirements of the country to which such products or services are to
be delivered or performed. Supplier shall not be obligated to provide any product or
service where the product or service is prohibited by law or does not satisfy the local
regulatory requirements.
12.5 U.S. Government Restricted Rights. The software and documentation provided with
the Products and Services are "commercial items" as that term is defined at 48 C.F.R.
12.101, consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R.