FAQ

10 Dell BSAFE OEM and Dell End User License Agreements
Dell BSAFE OEM License Agreement
3. Section 12 (MISCELLANEOUS). Add the following as new subsection J:
J. Each of the parties acknowledges and agrees that in entering into this Agreement,
it does not rely on, and shall have no remedy in respect of, any statement, representation,
warranty or understanding (whether negligently or innocently made) of any person
(whether party to this Agreement or not) other than as expressly set out in this Agreement
as a warranty. The only remedy available to Customer for a breach of the warranties shall
be for breach of contract under the terms of this Agreement. Nothing in Section 7 shall
however operate to limit or exclude any liability for fraud. No term of this Agreement shall
be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person that is
not a party to this Agreement. If any part of this Agreement is held unenforceable, the
validity of the remaining provisions shall not be affected.
B. Ireland. The terms in this subsection B apply only when Licensor means the Dell
sales subsidiary located in Ireland: 1. Section 5B (Limitations of Warranty). The entire
section is deleted and replaced with:
D. Warranty Exclusions. Except as expressly stated in the applicable warranty set
forth in this Agreement and the applicable exhibits, Licensor (including its suppliers) and
makes no warranties, and ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED BY LAW, CUSTOMER OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, TERMS AND CONDITIONS,
OF FITNESS FOR PURPOSE, DESCRIPTION, AND QUALITY ARE HEREBY
EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
2. Section 7 (LIMITATION OF LIABILITY). This section is deleted in its entirety and
replaced with the following:
6. LIMITATION OF LIABILITY.
A. Licensor 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 Licensor, its employees or agents.
B. Subject always to subsection 7.A, the liability of Licensor (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 Licensor 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
Licensor for all Defaults, other than those governed by subsection 7.B 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 Licensor (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