FAQ

EULA rev. February 2019 CONFIDENTIAL Page 8 of 11
8. LIMITATION OF LIABILITY.
A. RSA does not exclude or limit its liability to the Customer for death or personal injury, or, breach of obligations implied
by Section 12 of the Sale of Goods Act, 1893, as amended by the Sale of Goods and Supply of Services Act, 1980, or, due to the
fraud or fraudulent misrepresentation of RSA, its employees or agents.
B. Subject always to subsection 8.A, the liability of RSA (including its suppliers) to the Customer under or in connection
with an order, whether arising from negligent error or omission, breach of contract, or otherwise (“Defaults”) shall be: (i) the
aggregate liability of RSA for all Defaults resulting in direct loss of or damage to the tangible property of the Customer shall be
limited to damages which shall not exceed the greater of two hundred per cent (200%) of the applicable price paid and/or payable
for the Software or Hardware, or one million euros (€1,000,000); or (ii) the aggregate liability of RSA for all Defaults, other than
those governed by subsection 8.B(i) shall be limited to damages which shall not exceed the greater of one hundred and fifty per
cent (150%) of the applicable price paid and/or payable or five hundred thousand euro (€500,000).
C. In no event shall RSA (including its suppliers) be liable to Customer for (i) loss of profits, loss of business, loss of revenue,
loss of use, wasted management time, cost of substitute services or facilities, loss of goodwill or anticipated savings, loss of or
loss of use of any software or data; and/or (ii) indirect, consequential or special loss or damage; and/or (iii) damages, costs and/or
expenses due to third party claims; and/or (iv) loss or damage due to the Customer’s failure to comply with obligations under
this Agreement, failure to do back-ups of data or any other matter under the control of the Customer. For the purposes of this
Section 8, 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 8 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 8.
E. The parties expressly agree that any order for specific performance made in connection with this Agreement in respect of
RSA shall be subject to the financial limitations set out in sub-section 8.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 RSA recommended versions and that any proposed changes thereto shall be
communicated to RSA in a timely fashion.
3. Section 8.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 RSA means an EMC sales subsidiary located in the European
Union:
1. Section 4.A (General License Grant). 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 RSA'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. In such event, Customer shall first inform
RSA of its intention and request RSA to provide Customer with the necessary information. RSA may impose reasonable
conditions on the provision of the requested information, including the payment of a reasonable fee.
D. Australia. The terms in this subsection D apply only when RSA means the RSA sales subsidiary located in Australia (currently
EMC Global Holdings Company (Australian Branch) ABN 86 669 010 6895:
1. Section 8 (LIMITATION OF LIABILITY). This section is amended by the insertion of the new section 8.A(3), as follows:
8.A.(3). Fair Trading Legislation. Trade Practices Legislation: RSA's liability under any statutory right or any condition or
warranty, including any implied by any State Fair Trading Act or the Competition and Consumer Act 2010 is, to the maximum
extent permitted by law, excluded. To the extent that such liability cannot be excluded, RSA's liability is limited at the option of
RSA to any one or more of the following: (i) the replacement thereof or the supply of its equivalent; (ii) the repair thereof; (iii) the
payment of the cost of replacement thereof or of acquiring its equivalent; or (iv) the payment of the cost of having such repaired.
E. New Zealand - The terms in this subsection E apply only when RSA means the RSA sales subsidiary located in New Zealand
(currently EMC NEW ZEALAND CORPORATION LIMITED Company number 2384451):