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7Not 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 only 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.
8Governing Law. The parties agree that this Agreement, any
sales there under, the purchase and use of this product, or
any claim, dispute or controversy (whether in contract, tort,
or otherwise, whether preexisting, 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.
9Binding Arbitration. ANY CLAIM, DISPUTE, OR
CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER
PROTECTION, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its
agents, employees, principals, successors, assigns,
affiliates (collectively for purposes of this paragraph,
“Dell”) arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof,
the relationships which result from this Agreement
(including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to
U721K_A00_bk0.book Page 18 Thursday, March 26, 2009 12:39 PM