FAQ

EULA rev. February 2019 CONFIDENTIAL Page 9 of 11
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. RSA's liability under any statutory right or any condition or warranty, including any implied
by the Fair Trading Act 1986 or Consumer Guarantees Act 1993 (“FTA”) or any similar law 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.
F. France - The terms in this subsection C apply only when RSA means a Dell or EMC sales subsidiary located in France:
1. Section 2B: The following is added at the end of this section: A forty (40) euro penalty will also be charged in accordance with
article L441-3 of the French Commercial Code.
2. Section 8 (Limitation of Liability). This section is deleted in its entirety and replaced with the following:
8. LIMITATION OF LIABILITY. Limitations on Damages. The limitations, exclusions and disclaimers stated below apply
to any and all disputes, claims, or controversies (whether in contract, tort, or otherwise) related to or arising out of the CSA or
any quote or Order (“Dispute”). The terms of this Section are agreed allocations of risk constituting part of the consideration for
RSA’s sale of products and services to Customer and will apply regardless whether a party has been advised of the possibility of
the liabilities.
A. (1). Limitation on Direct Damages. Except for Customer’s obligations to pay for products and services, Customer’s violation of
the restrictions on use of products and services or RSA’s or its Affiliates’ intellectual property rights, or a party’s indemnity obligation
stated in the Section above titled “Indemnity”, and any other liability that cannot be excluded or limited by the applicable law, each
party’s total liability arising out of any Dispute or any matter under this CSA, is limited to the amount Customer paid to RSA during
the twelve months before the date that the matter or Dispute arose for the product, services, or both that are the subject of the Dispute,
but excluding amounts received as reimbursement of expenses or payment of taxes.
A. (2). No Indirect Damages. Except for Customer’s payment obligations and violation of RSA’s or its Affiliates’ intellectual
property rights, neither RSA nor Customer has liability to the other for special, consequential, exemplary, punitive, incidental, or
indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use, or procurement of substitute products or
services.
B. Regular Back-ups. Customer is solely responsible for its data. Customer must back up its data before RSA performs any remedial,
upgrade, or other work on Customer’s production systems. If applicable law prohibits exclusion of liability for lost data, then RSA
will only be liable for the cost of the typical effort to recover the lost data from Customer’s last available back-up.
C. Limitation Period. Except as stated in this Section, all claims must be made within the period specified by applicable law. If the
law allows the parties to specify a shorter period for bringing claims, or the law does not provide a time at all, then claims must be
made within twelve months after the cause of action accrues.
D. Suppliers and Affiliates. The foregoing limitations shall also apply in favor of RSA’s Suppliers and Affiliates.
G. Germany – The terms in this subsection G apply only when RSA means Dell GmbH, Unterschweinstiege 10, 60549 Frankfurt am
Main in Germany:
1. Preamble: The waiver of rights to any claim concerning enforceability shall not apply.
2. Section 4.C, Licensed Copies: the following sentence shall be added: The Customer has the right to make a backup copy of the
Software.
3.1 Section 5.C, Duration: Except for cases of gross negligence and wilful misconduct, in which statutory provisions apply, and
unless a different warranty period has been agreed in a particular case, claims for defects in Products shall become time-barred upon
expiration of the warranty period set forth in the Product Notice. To the extent the foregoing does not lead to a different period,
warranty period shall be one (1) year. Equipment warranty commences upon Delivery. Equipment upgrades are warranted in the
same manner as the Equipment in which the upgrades are installed from Delivery of the upgrade until the end of the warranty period
for the Equipment into which the upgrades are installed.
3.2 Section 5.D, Customer Remedies shall be replaced in its entirety with:
(i) Equipment and Software Media Warranty Remedies.
In case of a defect notified to RSA, RSA shall, at its option, either remedy the defect or replace the affected Product.
If RSA is unable to effect such within a reasonable time and Customer has notified RSA in writing of the breach with the request to
remedy the defect within a reasonable time period to no avail (whereby Customer shall grant to RSA a reasonable number of attempts
(but no less than three) to cure the defect), then Customer has the right to reduce the remuneration or to rescind the purchase order
for the Product concerned. Customer is entitled to the foregoing rights also without setting a grace period if RSA has seriously and
definitely refused to cure a defect.
If Customer rescinds the purchase order, RSA shall refund the amount paid by Customer for the Product concerned as depreciated
on a straight-line basis over a five (5) year period, upon return of such Product to RSA. All replaced Products or portions thereof
shall be returned to and be-come the property of RSA. If such replacement is not so returned, Customer shall pay RSA’s then current
spare parts price therefore.
RSA shall have no liability hereunder after expiration of the applicable warranty period.
(ii) Software Warranty, Duration and Remedy.
RSA warrants to Customer that the Software will, substantially conform to the applicable Documentation, provided that the Software:
(a) has been properly installed and used at all times in accordance with the applicable Documentation; and (b) has not been modified
or added to by persons other than RSA or its authorized representative.