FAQ

5 DELL BSAFE OEM LICENSE AGREEMENT
SOFTWARE FROM WHICH SUCH CLAIM ARISES, FOR DAMAGE OF ANY TYPE NOT IDENTIFIED IN (i)
ABOVE OR OTHERWISE EXCLUDED HEREUNDER.
B. No Indirect Damages. EXCEPT WITH RESPECT TO CLAIMS REGARDING VIOLATION OF
LICENSOR'S INTELLECTUAL PROPERTY RIGHTS, NEITHER CUSTOMER NOR Licensor SHALL HAVE
LIABILITY TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA
AND/OR USE), EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
C. Special Exclusion. IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF SECTION 7A AND/OR 7B
ABOVE MAY NOT APPLY. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO INDEMNITY IS
GIVEN WITH RESPECT TO THE SOFTWARE.
D. Limitation Period. Unless otherwise required by applicable law, the limitation period for claims for
damages shall be eighteen (18) months after the cause of action accrues, unless statutory law provides for a
shorter limitation period.
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.