FAQ

9 DELL BSAFE OEM LICENSE AGREEMENT
F. CUSTOMER OBLIGATIONS IN RESPECT OF PRESERVATION OF DATA. During the Term of the
Agreement the Customer shall:
1) from a point in time prior to the point of failure, (i) make full and/or incremental backups of data
which allow recovery in an application consistent form, and (ii) store such back-ups at an off-site location
sufficiently distant to avoid being impacted by the event(s) (e.g., including but not limited to flood, fire, power
loss, denial of access or air crash) and affect the availability of data at the impacted site;
2) have adequate processes and procedures in place to restore data back to a point in time and
prior to point of failure, and in the event of real or perceived data loss, provide the skills/backup and outage
windows to restore the data in question;
3) use anti-virus software and regularly install updates across all data which is accessible across the
network; and
4) ensure that all operating system, firmware, system utility (e.g., but not limited to, volume
management, cluster management and backup) and patch levels are kept to Licensor recommended versions
and that any proposed changes thereto shall be communicated to Licensor in a timely fashion.
3. Section 7.D (Limitation Period). This Section is deleted in its entirety and replaced with the following as
a totally separate section:
(D) WAIVER OF RIGHT TO BRING ACTIONS: The Customer waives the right to bring any claim arising
out of or in connection with this Agreement more than twenty-four (24) months after the date of the cause of
action giving rise to such claim.
C. European Union. The terms in this subsection C apply only when Licensor means an Dell sales
subsidiary located in the European Union:
1. Section 2.A (License for Software). The following is added at the end of this section:
Customer shall not, and Customer shall not permit any third party to, modify, enhance, supplement,
create derivative works from, reverse assemble, reverse engineer, reverse compile or otherwise reduce to
human readable form the Software without Licensor's prior written consent, except to the extent that local,
mandatory law grants Customer the right to decompile such Software in order to obtain information necessary
to render such interoperable with other software. In such event, Customer shall first inform Licensor of its
intention and request Licensor to provide Customer with the necessary information. Licensor may impose
reasonable conditions on the provision of the requested information, including the payment of a reasonable
fee.
D. Australia. The terms in this subsection D apply only when Licensor means the Licensor sales subsidiary
located in Australia (currently EMC Global Holdings Company (Australian Branch) ABN 86 669 010 6895:
1. Section 7 (LIMITATION OF LIABILITY). This section is deleted in its entirety and replaced with the
following:
7. LIMITATION OF LIABILITY.
A. Limitation on Direct Damages. LICENSOR'S AND ITS SUPPLIERS' TOTAL LIABILITY AND
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER,
ARISING OUT OF SOFTWARE OR SERVICE PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN
DIRECT DAMAGES CAUSED BY LICENSOR'S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED (i)
AUD$2,000,000, FOR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY; AND (ii) THE PRICE