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Dell BSAFE OEM License Agreement
Dell BSAFE OEM and Dell End User License Agreements 5
B. Ownership of Trademarks. By this Agreement, Customer acquires no rights of any
kind in or to any Licensor trademark, service mark, trade name, logo or product
designation and shall not make any use of the same for any reason except as expressly
authorized by this Agreement or otherwise authorized in writing by Licensor. Customer
shall cease to use in any manner such markings or any similar markings upon the
expiration or termination of this Agreement.
C. Web Sites and Domain Names. Without limiting the generality of Section 3(B) above,
neither party shall, without the prior written consent of the other party, (1) establish,
operate, sponsor or contribute content to a web site that incorporates any of the other
party's trademarks into such web site's URL address; (2) register any domain names that
incorporate any of the other party's trademarks; (3) register any trademarks of the other
party or any trademarks that are confusingly similar to any of the other party's
trademarks; or (4) form any corporation or other entity under a name that incorporates
any of the other party's corporate name or trademarks.
4. DELIVERY.
Acceptance that Software operates in substantial conformity to the Documentation
occurs upon electronic availability. Notwithstanding such acceptance, Customer retains
all rights and remedies set forth in Section 5 (WARRANTY AND DISCLAIMER).
5. WARRANTY AND DISCLAIMER.
A. Software Warranty. Licensor warrants for a period of ninety (90) days from the date of
shipment or the date of electronic availability, as applicable, that the Software will
substantially conform to the applicable Documentation for such Software (the "Warranty
Period"). Licensor does not warrant, however, that the Software or any portion thereof is
error-free. If Customer discovers a non-conformity in the Software during the Warranty
Period, then Customer shall submit to Licensor a written report describing the
non-conformity in enough detail to permit Licensor to reproduce such non-conformity. If
Licensor successfully reproduces the reported non-conformity and confirms that it is a
non-conformity, then Licensor shall use reasonable efforts, at its option, to (1) correct the
non-conformity, (2) provide a work around or software patch (a "Fix"), or (3) replace the
Software. If Licensor determines that none of these alternatives is reasonably available,
then, upon Customer's request, Licensor shall refund any payments that Customer has
made for the affected Software and accept its return. This warranty applies only to the
initial delivery of the Software.
B. Limitations of Warranty. The foregoing warranty does not apply if (1) repair or
replacement is required as a result of causes other than normal use, including, without
limitation, repair, maintenance or modification of the Software by persons other than
Licensor-authorized personnel; Customer's accident, fault or negligence; operator error;
Customer's failure to incorporate any Fixes that Licensor makes available to Customer;
use of the Software other than as set forth in the Documentation; or causes external to
the Software such as, but not limited to, failure of electrical power or fire or water damage;
or (2) the Software is used with software or equipment other than that for which they were
designed as set forth in the Documentation.