FAQ

8 DELL BSAFE OEM LICENSE AGREEMENT
warranties shall be for breach of contract under the terms of this Agreement. Nothing in Section 7 shall
however operate to limit or exclude any liability for fraud. No term of this Agreement shall be enforceable
under the Contracts (Rights of Third Parties) Act 1999 by a person that is not a party to this Agreement. If any
part of this Agreement is held unenforceable, the validity of the remaining provisions shall not be affected.
B. Ireland. The terms in this subsection B apply only when Licensor means the Dell sales subsidiary located
in Ireland: 1. Section 5B (Limitations of Warranty). The entire section is deleted and replaced with:
D. Warranty Exclusions. Except as expressly stated in the applicable warranty set forth in this
Agreement and the applicable exhibits, Licensor (including its suppliers) and makes no warranties, and ALL
WARRANTIES, TERMS AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED BY
LAW, CUSTOMER OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, TERMS
AND CONDITIONS, OF FITNESS FOR PURPOSE, DESCRIPTION, AND QUALITY ARE HEREBY
EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
2. Section 7 (LIMITATION OF LIABILITY). This section is deleted in its entirety and replaced with the
following:
6. LIMITATION OF LIABILITY.
A. Licensor does not exclude or limit its liability to the Customer for death or personal injury, or, breach
of obligations implied by Section 12 of the Sale of Goods Act, 1893, as amended by the Sale of Goods and
Supply of Services Act, 1980, or, due to the fraud or fraudulent misrepresentation of Licensor, its employees
or agents.
B. Subject always to subsection 7.A, the liability of Licensor (including its suppliers) to the Customer
under or in connection with an order, whether arising from negligent error or omission, breach of contract, or
otherwise ("Defaults") shall be: (i) the aggregate liability of Licensor for all Defaults resulting in direct loss of or
damage to the tangible property of the Customer shall be limited to damages which shall not exceed the
greater of two hundred per cent (200%) of the applicable price paid and/or payable for the Software or
Hardware, or one million euros (€1,000,000); or (ii) the aggregate liability of Licensor for all Defaults, other
than those governed by subsection 7.B shall be limited to damages which shall not exceed the greater of one
hundred and fifty per cent (150%) of the applicable price paid and/or payable or five hundred thousand euro
(€500,000).
C. In no event shall Licensor (including its suppliers) be liable to Customer for (i) loss of profits, loss of
business, loss of revenue, loss of use, wasted management time, cost of substitute services or facilities, loss
of goodwill or anticipated savings, loss of or loss of use of any software or data; and/or (ii) indirect,
consequential or special loss or damage; and/or (iii) damages, costs and/or expenses due to third party
claims; and/or (iv) loss or damage due to the Customer's failure to comply with obligations under this
Agreement, failure to do back-ups of data or any other matter under the control of the Customer. For the
purposes of this Section 7, the term "loss" shall include a partial loss, as well as a complete or total loss.
D. The parties expressly agree that should any limitation or provision contained in this Section 7 be
held to be invalid under any applicable statute or rule of law, it shall to that extent be deemed omitted, but if
any party thereby becomes liable for loss or damage which would otherwise have been excluded such liability
shall be subject to the other limitations and provisions set out in this Section 7.
E. The parties expressly agree that any order for specific performance made in connection with this
Agreement in respect of Licensor shall be subject to the financial limitations set out in sub-section 7.B.