FAQ

6 DELL BSAFE OEM LICENSE AGREEMENT
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). Notices shall be
sent to the address, facsimile number or email address set forth below, or at such other address, facsimile
number or email address as provided to the other party in writing. Notices shall be sent to: Dell Inc., Attn:
Contracts Manager, One Dell Way, Round Rock, Texas 78682, or by e-mail to:
[e-mail]. The parties agree that this Agreement has been written in the English
language, that the English language version shall govern and that all notices shall be in the English language.
C. Entire Agreement. This Agreement (i) is the complete statement of the agreement of the parties with
regard to the subject matter hereof; and (ii) may be modified only by a writing signed by both parties. All terms
of any purchase order or similar document provided by Customer, including but not limited to any pre-printed
terms thereon and any terms that are inconsistent or conflict with this Agreement, shall be null and void and of
no legal force or effect.
D. Force Majeure. Except for the payment of fees, if any, due Licensor from Customer, neither party shall
be liable under this Agreement because of a failure or delay in performing its obligations hereunder on
account of any force majeure event, such as strikes, riots, insurrection, terrorism, fires, natural disasters, acts
of God, war, governmental action, or any other cause which is beyond the reasonable control of such party.
E. Assignment. Customer shall not assign this Agreement or any right or delegate any performance without
Licensor's prior written consent, which consent shall not be unreasonably withheld. Customer shall promptly
notify Licensor, and Licensor may terminate this Agreement on thirty days' notice, if Customer merges with or
is acquired by a third party or otherwise undergoes a change of control.
F. Governing Law. This Agreement is governed bythe law of the applicable jurisdiction stated in
www.dell.com/swlicensortable. In each case, the applicability of laws shall exclude any conflict of law rules.
The U.N. Convention on Contracts for the International Sale of Goods shall not apply. In the event of a
dispute concerning this Agreement, Customer consents to the sole and exclusive personal jurisdiction of the
courts of competency in the location where Licensor is domiciled.
G. Waiver. No waiver shall be deemed a waiver of any prior or subsequent default hereunder. If any part of
this Agreement is held unenforceable, the validity of the remaining provisions shall not be affected.
H. Partial Invalidity. If any part of this Agreement, a purchase order or an Licensor quote is held
unenforceable, the validity of the remaining provisions shall not be affected.
13. COUNTRY SPECIFIC TERMS.
A. United Kingdom. The terms in this subsection A apply only when Licensor means the Dell sales
subsidiary located in the United Kingdom:
1. Section 5B (Limitations of Warranty). The entire section is deleted and replaced with: