FAQ

12 Dell BSAFE OEM and Dell End User License Agreements
Dell BSAFE OEM License Agreement
In such event, Customer shall first inform Licensor of its intention and request Licensor to
provide Customer with the necessary information. Licensor 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 Licensor means the
Licensor sales subsidiary located in Australia (currently EMC Global Holdings Company,
Australian Branch ABN 86 669 010 6895):
1. Section 7 (LIMITATION OF LIABILITY). This section is deleted in its entirety and
replaced with the following:
7. LIMITATION OF LIABILITY.
A. Limitation on Direct Damages. LICENSOR'S AND ITS SUPPLIERS' TOTAL
LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF
ANY TYPE WHATSOEVER, ARISING OUT OF SOFTWARE OR SERVICE PROVIDED
HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY
LICENSOR'S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i)
AUD$2,000,000, FOR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY;
AND (ii) THE PRICE PAID BY CUSTOMER TO Licensor FOR THE SPECIFIC SERVICE
(CALCULATED ON AN ANNUAL BASIS, WHEN APPLICABLE) SOFTWARE FROM
WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i)
ABOVE OR OTHERWISE EXCLUDED HEREUNDER.
B. No Indirect Damages. EXCEPT WITH RESPECT TO CLAIMS REGARDING
VIOLATION OF LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, NEITHER
CUSTOMER NOR Licensor (INCLUDING LICENSOR'S SUPPLIERS) SHALL (a) HAVE
LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS
OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE
POSSIBILITY THEREOF; AND (b) BRING ANY CLAIM BASED ON SOFTWARE OR
SERVICE PROVIDED HEREUNDER MORE THAN EIGHTEEN (18) MONTHS AFTER
THE CAUSE OF ACTION ACCRUES.
C. Trade Practices Legislation: Licensor's liability under any statutory right or any
condition or warranty, including any implied by any State Fair Trading Act or the Trade
Practices Act, 1974 (Cth) is, to the maximum extent permitted by law, excluded. To the
extent that such liability cannot be excluded, Licensor's liability is limited at the option of
Licensor 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 Licensor means the
Licensor sales subsidiary located in New Zealand (currently EMC CORPORATION (NEW
ZEALAND BRANCH) AKOS. 1188883):
1. Section 7 (LIMITATION OF LIABILITY). This section is deleted in its entirety and
replaced with the following: