FAQ

Dell BSAFE OEM License Agreement
Dell BSAFE OEM and Dell End User License Agreements 13
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 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)
NZ$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. Fair Trading Legislation. Licensor's liability under any statutory right or any
condition or warranty, including any implied by the Fair Trading Act 1986 or Consumer
Guarantees Act 1993 ("FTA") or any similar law 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.
14. CUSTOMER OBLIGATIONS
A. Customer may not engage any third parties to conduct security audits of Licensor
Software without the prior written consent of Licensor.
B. Customer agrees to comply with the Licensor Security Vulnerability Reporting Policy,
currently located at
https://www.dell.com/support/contents/en-us/article/product-support/self-support-knowled
gebase/security-antivirus/alerts-vulnerabilities/dell-vulnerability-response-policy.
C. If Customer has purchased maintenance services, Customer understands that such
maintenance services are subject to the maintenance provisions of the applicable
services agreement.