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22 Dell BSAFE OEM and Dell End User License Agreements
Dell End User License Agreement
Dispute, but excluding amounts received as reimbursement of expenses or payment of
taxes. Notwithstanding anything otherwise set forth above, Supplier (and its suppliers)
shall have no liability for any direct damages resulting from Customer's use or attempted
use of Third Party Software, Free Software or Development Tools, all defined in the EULA
described in clause 4 above, or Third Party Products.
B. Disclaimer of Certain Other Damages. Except for Customer's payment
obligations and violation of Supplier's or its Affiliates' intellectual property rights, neither
Supplier (and its suppliers) 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, loss of use or procurement of substitute products or
services.
8.2 Prevention and Mitigation. Customer is solely responsible for its data. Customer shall
implement IT architecture and processes enabling Customer to prevent and mitigate
damages in line with the criticality of the systems and data for Customer's business and
its data protection requirements, including a business recovery plan. In that regard,
Customer shall: (i) provide for a backup process on a regular (at least daily) basis and
backup relevant data before Supplier performs any remedial, upgrade or other works on
Customer's IT systems; (ii) monitor the availability and performance of its IT environment
during the performance of Services; and (iii) promptly react to messages and alerts
received from Supplier or through notification features of the Products and immediately
report any identified issue to Supplier. To the extent that Supplier has any liability for data
loss, Supplier shall only be liable for the cost of commercially reasonable and customary
efforts to recover the lost data from Customer's last available backup.
8.3 Limitation Period. Except as stated in this clause, 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 18 months after the cause of action accrues.
9. Third Party Products.
Supplier may offer to supply Third Party Products that are provided by a third party
manufacturer/supplier, e.g. under Supplier's "Dell EMC Select" program, Supplier's
"Brokerage" program or Supplier's Software & Peripherals (S&P) program, and may
include offerings from Supplier Affiliates using different brands other than "Dell" or "Dell
EMC". Notwithstanding any other provisions herein, such Third Party Products are
subject to the standard license, services, warranty, indemnity and support terms of the
third-party manufacturer/supplier (or an applicable direct agreement between Customer
and such manufacturer/supplier), to which Customer shall adhere. Even if support fees
are invoiced through Supplier, such Third Party Products are not supported by Supplier
and Customer shall contact such third party directly for support. Any warranty, damages
or indemnity claims against Supplier in relation to such Third Party Products are
expressly excluded. References to warranty and support information for Dell EMC Select
products is currently available through www.dell.com/offeringspecificterms.