FAQ

4 DELL BSAFE OEM LICENSE AGREEMENT
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
sufficient 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.
C. WARRANTY DISCLAIMER. OTHER THAN LICENSOR'S EXPRESS WARRANTIES SET FORTH IN
THIS SECTION 5, Licensor AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer's sole remedy for breach of such express limited warranties is a correction, Fix or refund as set
forth in this Section 5.
6. ADDITIONAL OBLIGATIONS
A. Representations Regarding Software. Customer shall not represent to Distributors or End Users any
facts about the Software other than those that Licensor states in its published product descriptions,
advertising and promotional materials or any other non-confidential written material furnished by Licensor to
Customer.
B. Customer Support. Customer is solely responsible, at its sole cost and expense, for all support of the
Licensed Products, if any, provided to Distributors and End Users.
C. License Agreements. Customer shall bind each Distributor and End User receiving a Licensed Product to
a license agreement that contains, at a minimum, substantially all of the limitations of rights and the
protections for Licensor contained in Sections 2(B), 3, 7, 10 of this Agreement. Customer shall use
reasonable efforts to enforce the terms of such agreements.
7. LIMITATION OF LIABILITY.
A. Limitation on Direct Damages. LICENSOR'S TOTAL LIABILITY AND CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF SOFTWARE
PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY
LICENSOR'S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i) US$1,000,000, 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) OR