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34 Dell BSAFE OEM and Dell End User License Agreements
Dell End User License Agreement
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.
12.2. Regular Backups. You are solely responsible for Your data. You must back up
Your data before Licensor or a third party performs any remedial, upgrade or other work
on Your production systems. You acknowledge that it is a best practice to have more than
one back up copy of Your data. If applicable law prohibits exclusion of liability for lost
data, then Licensor will only be liable for the cost of the typical effort to recover the lost
data from Your last available back up.
12.3. Limitation Period. Except as stated in this Section, 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.
13. Additional Terms.
13.1. Notices. The parties will provide all notices under this EULA in writing. Unless
provided otherwise in an Order, You must provide notices to the local Dell entity in Your
Order, or, if Your Order is not with a Dell entity, by e-mail to
[e-mail].
13.2. Waiver and Severability. Failure to enforce a provision of this EULA will not
constitute a waiver of that or any other provision of this EULA. If a court of competent
jurisdiction determines that any part of this EULA or document that incorporates this
EULA by reference is unenforceable, that ruling will not affect the validity of all remaining
parts.
13.3. Modifications. This EULA may only be modified in writing signed by both parties;
provided, however, that Licensor may, in its sole discretion, update the Licensor Table,
the OST Table, the UOM Terms and the Subscription Terms at any time. Any changes
that Licensor makes to the Licensor Table, the OST Table, the UOM Terms or the
Subscription Terms will only apply to Orders that occur after Licensor posts those
changes online.
13.4. Governing Law and Jurisdiction. If You obtained the Software directly from Dell,
then the governing law and jurisdiction provisions set forth in Your Order Terms shall
apply to this EULA. Otherwise the following shall apply:
A. Subject to Section 13.4 D and 13.5, if You are domiciled in the United States or
Canada: (1) this EULA and any Dispute is governed by the laws of the State of Texas
(excluding the conflicts of law rules) and the federal laws of the United States; and (2) to
the extent permitted by law, the state and federal courts located in Texas will have
exclusive jurisdiction for any Dispute. Both parties agree to submit to the personal
jurisdiction of the state and federal courts located within Travis or Williamson County,
Texas, and agree to waive any and all objections to the exercise of jurisdiction over the
parties by those courts and to venue in those courts.