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APPENDIX C: WARRANTY AND SUPPORT INFORMATION
Service and Support
Service oerings may vary from Product to Product. In addition to this Agreement’s
terms and conditions, Dell and/or your third-party service provider may provide
such service and support to you in the United States in accordance with the
terms and conditions located at www.dell.com/service_contracts or as otherwise
delivered to you. Dell and/or your third-party service provider may in their discretion
revise their general and optional service and support programs and the terms and
conditions that govern them without prior notice to you. Dell has no obligation
to provide service or support until Dell has received full payment for the ser vice/
support contract you purchased. Dell is not obligated to provide third-party
branded service or support, or service or support for any products or services that
you purchased through a third party and not Dell. It is your responsibility to back
up all existing data, software, and programs before receiving services or support
(including telephone support). Dell and/or your third-party ser vice provider will
have no liability for loss or recovery of data, programs or loss of use of system(s)
arising out of the services or support or any act or omission, including negligence,
by Dell or your third-party service provider. Neither Dell nor your third-party service
provider is permitted by law to copy pirated or copyrighted materials or to copy or
handle illegal data. Prior to Dell and/or your third-party ser vice provider providing
service or support, you represent that your system(s) does not contain illegal les
or data. You also represent that you own the copyright, or have a license to make
copies, to all les on your system and do not have any data that would cause Dell
to be liable for copyright infringement if those les were copied by Dell and/or your
third-party service provider. Parts used in repairing or servicing Product may be
new, equivalent-to-new, or reconditioned.
Limitation of Liability
DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING
AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
YOU AGREE THAT FOR ANY LIABILITY REL ATED TO THE PURCHASE OF PRODUCT,
DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE
THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN
THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL
PURPOSE.
Not For Resale or Export
You agree to comply with all applicable laws and regulations of the various states
and of the United States. You agree and represent that you are buying for your
own internal use only, and not for resale or export. Dell has separate terms and
conditions governing resale of Product by third parties and transactions outside
the United States. Terms and conditions for resale are located at www.dell.com/
policy/legal/termsofsale.htm.
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, THE PURCHASE AND USE OF THE
PRODUCT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND
EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to
this Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Agreement, Customer’s purchase or use
of the Product, Dell’s advertising, or any related purchase SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.