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Dell BSAFE OEM License Agreement
Dell BSAFE OEM and Dell End User License Agreements 7
E. Suppliers. The foregoing limitations shall also apply in favor of Licensor's suppliers.
8. INTENTIONALLY LEFT BLANK.
9. CONFIDENTIALITY.
Each party shall (i) use Confidential Information of the other party only for the
purposes of exercising rights or performing obligations in connection with this Agreement;
and (ii) use at least reasonable care to protect from disclosure to any third parties any
Confidential Information disclosed by the other party for a period commencing upon the
date of disclosure until three (3) years thereafter. Notwithstanding the foregoing, either
party may disclose Confidential Information (a) to an Affiliate for the purpose of fulfilling its
obligations or exercising its rights hereunder as long as such Affiliate complies with the
foregoing; and (b) if required by law provided the receiving party has given the disclosing
party prompt notice.
10. GOVERNMENT REGULATIONS AND EXPORT CONTROL.
Software and the technology included therein provided under this Agreement are
subject to governmental restrictions on (i) exports from the U.S.; (ii) exports from other
countries in which such Software and technology included therein may be produced or
located; (iii) disclosures of technology to foreign persons; (iv) exports from abroad of
derivative products thereof; and (v) the importation and/or use of such Software and
technology included therein outside of the United States or other countries (collectively,
"Export Laws"). Customer shall comply with all Export Laws and Licensor export policies
to the extent such policies are made available to Customer by Licensor. Diversion
contrary to U.S. law or other Export Laws is expressly prohibited.
11. TERMINATION.
Either Customer or Licensor may terminate this Agreement upon written notice due to
the other party's material breach of the terms governing use of the Software; provided
that such breach is not cured within thirty (30) days after the provision of written notice to
the breaching party specifying the nature of such breach. Upon termination of this
Agreement, Customer shall cease all use and return or certify destruction of the
applicable Software (including copies) to Licensor. Any provision that by its nature or
context is intended to survive any termination or expiration, including but not limited to
provisions relating to payment of outstanding fees, confidentiality and liability, shall so
survive.
12. MISCELLANEOUS.
A. References. Licensor may identify Customer for reference purposes and use
Customer's logo in its marketing material unless and until Customer expressly objects in
writing.
B. Notices and Language. Any notices permitted or required under this Agreement shall
be in writing, and shall be deemed given when delivered (i) in person, (ii) by overnight
courier, upon written confirmation of receipt, (iii) by certified or registered mail, with proof
of delivery, (iv) by facsimile transmission with confirmation of receipt, or (v) by email, with
confirmation of receipt (except for routine business communications issued by Licensor,
which shall not require confirmation from Customer).