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8 Dell BSAFE OEM and Dell End User License Agreements
Dell BSAFE OEM License Agreement
Notices shall be sent to the address, facsimile number or email address set forth below,
or at such other address, facsimile number or email address as provided to the other
party in writing. Notices shall be sent to: Dell Inc., Attn: Contracts Manager, One Dell Way,
Round Rock, Texas 78682, or by e-mail to: [e-mail]. The parties
agree that this Agreement has been written in the English language, that the English
language version shall govern and that all notices shall be in the English language.
C. Entire Agreement. This Agreement (i) is the complete statement of the agreement of
the parties regarding the subject matter hereof; and (ii) may be modified only by a writing
signed by both parties. All terms of any purchase order or similar document provided by
Customer, including but not limited to any pre-printed terms thereon and any terms that
are inconsistent or conflict with this Agreement, shall be null and void and of no legal
force or effect.
D. Force Majeure. Except for the payment of fees, if any, due Licensor from Customer,
neither party shall be liable under this Agreement because of a failure or delay in
performing its obligations hereunder on account of any force majeure event, such as
strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war,
governmental action, or any other cause which is beyond the reasonable control of such
party.
E. Assignment. Customer shall not assign this Agreement or any right or delegate any
performance without Licensor's prior written consent, which consent shall not be
unreasonably withheld. Customer shall promptly notify Licensor, and Licensor may
terminate this Agreement on thirty days' notice, if Customer merges with or is acquired by
a third party or otherwise undergoes a change of control.
F. Governing Law. This Agreement is governed by the law of the applicable jurisdiction
stated in www.dell.com/swlicensortable. In each case, the applicability of laws shall
exclude any conflict of law rules. The U.N. Convention on Contracts for the International
Sale of Goods shall not apply. In the event of a dispute concerning this Agreement,
Customer consents to the sole and exclusive personal jurisdiction of the courts of
competency in the location where Licensor is domiciled.
G. Waiver. No waiver shall be deemed a waiver of any prior or subsequent default
hereunder. If any part of this Agreement is held unenforceable, the validity of the
remaining provisions shall not be affected.
H. Partial Invalidity. If any part of this Agreement, a purchase order or a Licensor quote
is held unenforceable, the validity of the remaining provisions shall not be affected.
13. COUNTRY SPECIFIC TERMS.
A. United Kingdom. The terms in this subsection A apply only when Licensor means the
Dell sales subsidiary located in the United Kingdom:
1. Section 5B (Limitations of Warranty). The entire section is deleted and replaced
with: