FAQ

Dell End User License Agreement
Dell BSAFE OEM and Dell End User License Agreements 35
B. Subject to Section 13.4 D, if You are domiciled outside of the United States or
Canada: (1) this EULA and any Dispute is governed by the substantive laws in force in
the country in which the Licensor is located (as indicated in the Licensor Table located at
www.dell.com/swlicensortable), without regard to its conflict of law rules; and (2) the
exclusive place of jurisdiction for any Dispute shall be in such country.
C. In any event, neither the U.N. Convention on Contracts for the International Sale
of Goods, nor the Uniform Computer Information Transaction Act shall apply to this EULA
or any Dispute.
D. If You are an individual consumer, this Section 13.4 does not deprive You of the
protection afforded to You by the provisions of mandatory consumer protections laws that
are applicable to You, nor does it prevent you from seeking remedies or enforcing your
rights as a consumer under such laws.
13.5. Dispute Resolution and Binding Individual (non-class) Arbitration. This Section
only applies if You are an individual consumer that resides in (or obtained the Software in)
the United States or Canada. All Disputes shall be resolved exclusively and finally by
binding individual arbitration. This means You and Licensor waive any right to litigate
disputes in a court or before a jury and neither You nor Licensor shall be entitled to join,
consolidate, or include any claims belonging to or alleged or arising from, by or on behalf
of any third party to an arbitration brought hereunder, or to arbitrate any claim as a class
action, class representative, class member, or in a private attorney general capacity. If
You reside in (or obtained the Software in) the United States, the arbitration will be
administered by the American Arbitration Association (AAA), or JAMS. If You reside in (or
obtained the Software in) Canada, arbitration will be at ADR Chambers pursuant to the
general ADR Chambers Rules for Arbitration located at www.adrchambers.com. The
arbitration shall be conducted in the English language. The arbitration panel shall have
exclusive authority to resolve any arbitrability issues including any dispute over this EULA
or this arbitration provision's scope, application, meaning and enforceability. The
arbitration panel shall be empowered to grant whatever relief would be available in court,
including without limitation preliminary relief, injunctive relief and specific performance.
Any award of the arbitration panel shall be final and binding immediately when rendered,
and judgment on the award may be entered in any court of competent jurisdiction. If any
portion of this arbitration agreement is found unenforceable, the unenforceable portion
shall be severed, and the remaining arbitration terms shall be enforced (but in no event
will there be a class arbitration). Consumer claimants (individuals whose transaction is
intended for personal, family or household use) may elect to pursue their claims in
small-claims court rather than arbitration. Licensor will be responsible for paying any
individual consumer's arbitration/arbitrator fees. Notwithstanding the foregoing, Licensor
may apply to any relevant government agency or any court of competent jurisdiction to
preserve its rights under this EULA and to obtain any injunctive or preliminary relief, or
any award of specific performance, to which it may be entitled, either against You or
against a non-party; provided, however, that no such administrative or judicial authority
shall have the right or power to render a judgment or award (or to enjoin the rendering of
an arbitral award) for damages that may be due to or from either party under this EULA,
which right and power shall be reserved exclusively to an arbitration panel proceeding in
accordance herewith.