FAQ

Dell BSAFE OEM License Agreement
Dell BSAFE OEM and Dell End User License Agreements 9
D. Warranty Exclusions. Except as expressly stated in the applicable warranty set
forth in this Agreement, Licensor (including its suppliers) provides Software "AS IS" and
makes no other express or implied warranties, written or oral, and ALL OTHER
WARRANTIES AND CONDITIONS (SAVE FOR THE WARRANTIES AND CONDITIONS
IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979) ARE SPECIFICALLY
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY ARISING BY STATUTE,
OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF
TRADE.
2. Section 7 (LIMITATION OF LIABILITY). This Section is deleted in its entirety and
replaced with:
6. LIMITATION OF LIABILITY AND PRESERVATION OF DATA.
A. The entire aggregate liability of Licensor (including its suppliers) under or in
connection with the supply of the Software, whether in tort (including negligence), for
breach of contract, misrepresentation or otherwise, is limited in respect of each event or a
series of events: (i) to the amounts actually paid by Customer for the Software which give
rise to such liability during the twelve (12) month period immediately preceding the date of
the cause of action giving rise to such claim; or (ii) Great British Pounds Sterling one
million (£1,000,000), whichever is the greater amount. In no event shall Licensor
(including its suppliers) or Customer be liable to the other or any other person or entity for
loss of profits, loss of revenue, loss of use or any indirect, special, incidental,
consequential or exemplary damages arising out of or in connection with this Agreement,
the license of the Software, and the use, performance, receipt or disposition of such
Software, even if such party has been advised of the possibility of such damages or
losses. Nothing in this Agreement shall operate to exclude or restrict Licensor's liability
for: (a) death or personal injury resulting from negligence; (b) breach of obligations arising
from section 12 of the Sale of Goods Act 1979; or (c) fraud.
B. 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, regularly install updates across all data which is
accessible across the network, and protect all storage arrays against power surges and
unplanned power outages with Un-interruptible Power Supplies; 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
Licensor recommended versions and that any proposed changes thereto shall be
communicated to Licensor in a timely fashion.