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6 Dell BSAFE OEM and Dell End User License Agreements
Dell BSAFE OEM License Agreement
C. WARRANTY DISCLAIMER. OTHER THAN LICENSOR'S EXPRESS WARRANTIES
SET FORTH IN THIS SECTION 5, LICENSOR AND ITS LICENSORS AND SUPPLIERS
DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO ANY MATTER
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer's sole
remedy for breach of such express limited warranties is a correction, Fix or refund as set
forth in this Section 5.
6. ADDITIONAL OBLIGATIONS
A. Representations Regarding Software. Customer shall not represent to Distributors or
End Users any facts about the Software other than those that Licensor states in its
published product descriptions, advertising and promotional materials or any other
non-confidential written material furnished by Licensor to Customer.
B. Customer Support. Customer is solely responsible, at its sole cost and expense, for
all support of the Licensed Products, if any, provided to Distributors and End Users.
C. License Agreements. Customer shall bind each Distributor and End User receiving a
Licensed Product to a license agreement that contains, at a minimum, substantially all the
limitations of rights and the protections for Licensor contained in Sections 2(B), 3, 7, 10 of
this Agreement. Customer shall use reasonable efforts to enforce the terms of such
agreements.
7. LIMITATION OF LIABILITY.
A. Limitation on Direct Damages. LICENSOR'S TOTAL LIABILITY AND CUSTOMER'S
SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER,
ARISING OUT OF SOFTWARE PROVIDED HEREUNDER, SHALL BE LIMITED TO
PROVEN DIRECT DAMAGES CAUSED BY LICENSOR'S SOLE NEGLIGENCE IN AN
AMOUNT NOT TO EXCEED (i) US$1,000,000, FOR DAMAGE TO REAL OR TANGIBLE
PERSONAL PROPERTY; AND (ii) THE PRICE PAID BY CUSTOMER TO LICENSOR
FOR THE SPECIFIC SERVICE (CALCULATED ON AN ANNUAL BASIS, WHEN
APPLICABLE) OR 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. Special Exclusion. IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION
OF SECTION 7A AND/OR 7B ABOVE MAY NOT APPLY. CUSTOMER
ACKNOWLEDGES AND AGREES THAT NO INDEMNITY IS GIVEN WITH RESPECT
TO THE SOFTWARE.
D. Limitation Period. Unless otherwise required by applicable law, the limitation period
for claims for damages shall be eighteen (18) months after the cause of action accrues,
unless statutory law provides for a shorter limitation period.