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Dell End User License Agreement
Dell BSAFE OEM and Dell End User License Agreements 33
Except as otherwise agreed by Dell, You will not get a refund from Dell if this EULA is
terminated. Rights and obligations under Sections of this EULA that, by their nature
should survive, will survive termination, as well as obligations for payment.
11. Warranty Disclaimer. Under this EULA, Licensor provides neither any warranties
for the Software nor does it provide support for the Software. Your rights under any
warranties and any support entitlements for Software acquired for a fee are solely
between You and the Reseller or Dell entity from whom You procured the Software and
related support, and are defined under the commercial terms agreed between You and
such selling entity. Accordingly, except as otherwise offered by Dell, the Software is
provided by Licensor under this EULA "As Is" without any warranties or conditions. To the
maximum extent permitted by applicable law, Licensor, on behalf of itself and its affiliates
and suppliers: (a) makes no express warranties or conditions related to the Software; (b)
disclaims all implied warranties and conditions related to the Software, including
merchantability, fitness for a particular purpose, title, and non-infringement; and (c)
disclaims any warranty or condition arising by statute, operation of law, course of dealing
or performance, or usage of trade. Licensor does not warrant uninterrupted or error-free
operation of the Software. This Section does not affect or modify any of the statutory
warranty rights that are available to consumers.
12. Limitation of Liability.
12.1. Limitations on Damages. The limitations, exclusions and disclaimers set forth in a
Pre-Existing Agreement or Dell Terms of Sale that applies your Order (in each case, the
"Order Terms") shall apply to all disputes, claims or controversies (whether in contract,
tort or otherwise) between You and Licensor or Dell related to or arising out of: (a) this
EULA; (b) the breach, termination or validity of this EULA; or (c) any Orders (each, a
"Dispute"). In the absence of applicable Order Terms, the terms set forth in this Section
shall apply to all Disputes.
The terms of this Section are agreed allocations of risk constituting part of the
consideration for Licensor's licensing of Software to You and will apply even if there is a
failure of the essential purpose of any limited remedy, and regardless of whether a party
has been advised of the possibility of the liabilities. If applicable law prohibits any portion
of the limits on liability stated below, the parties agree that such limitation will be
automatically modified, but only to the extent required to make the limitation compliant
with applicable law.
A. Limitation on Direct Damages. Except for Your obligation to pay for the Software,
or for Your violation of the License Grant and License Conditions set forth herein or of
Licensor's or Dell's intellectual property rights, the total liability of You and Licensor
(including Licensor's affiliates and suppliers) arising out of any Dispute is limited to the
amount You paid for the Software that is the subject of the Dispute, but excluding
amounts received as reimbursement of expenses or payment of taxes. Notwithstanding
anything otherwise set forth above, Licensor and its affiliates have no liability for any
direct damages resulting from Your use or attempted use of Third Party Software, Free
Software or Development Tools.
B. Disclaimer of Certain Other Damages. Except for Your obligation to pay for the
Software, or for Your violation of the License Grant and License Conditions set forth
herein or of Licensor's or Dell's intellectual property rights, neither You nor Licensor
(including Licensor's affiliates and suppliers) shall have any liability under this EULA for