User's Manual

6 Important Information
10 Limitation of Liability . DELL DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY
LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS
OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS
MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS
THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
11 Not for Resale or Export . You agree to comply with all applicable laws and regulations of the
various states and of the United States. You agree and represent that you are buying for your
own internal use only, and not for resale or export. Dell has separate terms and conditions
governing resale of Product by third parties and transactions outside the United States. Terms
and conditions for resale are located at:
www.dell.com/terms/#reseller . Product, which may
include technology and software, is subject to U.S. export laws as well as the laws of the
country where it is delivered or used. Product may not be sold, leased, or transferred to
restricted countries, restricted end-users, or for restricted end-uses. You agree that Product
purchased from Dell will not to be used for activities related to weapons of mass destruction,
including activities related to the design, development, production or use of nuclear
materials, nuclear facilities, or nuclear weapons, or chemical or biological weapons.
You further agree that you will not sell, lease, or otherwise transfer Product to end-users
engaged in these activities.
12 Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE
UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND
EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to
this Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this agreement, Dell's advertising, or any related purchase
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT
REGARD TO CONFLICTS OF LAW.
13 Dispute Resolution and Binding Arbitration .
YOU AND DELL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE
CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS
ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS
TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN
ARBITRATION.
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