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106 Appendix
8
Service and Support.
Service offerings may vary from Product to Product. If you purchase optional services and
support from Dell, Dell and/or your third-party service provider will provide such service
and support to you in the United States in accordance with the terms and conditions
located at
www.dell.com/us/en/gen/services/service_service_contracts.htm
or as mailed
to you. You may contact Dell for more information, see
www1.us.dell.com/content/topics/segtopic.aspx/contact/contact?c=us&l=en&s=gen
for contact information. Dell and/or the third-party service provider may at 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 Product or
service/support contract you purchased. Dell is not obligated to provide service or
support you purchase through a third party and not Dell.
9
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 RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT INVOICED 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.
DELL IS NOT LIABLE TO YOU FOR WARRANTIES,
SUPPORT, OR SERVICE MADE BY OR PURCHASED FROM A THIRD PARTY
AND NOT DIRECTLY FROM DELL. DELL IS NOT RESPONSIBLE FOR
REPRESENTATIONS OR OMISSIONS MADE BY A THIRD PARTY.
10
Applicable Law; 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 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.
11
Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.