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Appendix 107
12
Headings.
The section headings used herein are for convenience of reference only and do not form a
part of these terms and conditions, and no construction or inference shall be derived
there from.
13
Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, 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 this Agreement), Dell's advertising, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its
Code of Procedure then in effect (available via the Internet at
www.arb-forum.com
,
or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute
or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR
CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This
transaction involves interstate commerce, and this provision shall be governed by the
Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be
final and binding on each of the parties, and may be entered as a judgment in any court
of competent jurisdiction. Dell will be responsible for paying any arbitration filing fees
and fees required to obtain a hearing to the extent such fees exceed the amount of the
filing fee for initiating a claim in the court of general jurisdiction in the state in which
you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if
any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or
if there is a written agreement providing for fees, the Arbitrator may award reasonable
fees to the prevailing party, under the standards for fee shifting provided by law.
Information may be obtained and claims may be filed with the NAF at P.O. Box 50191,
Minneapolis, MN 55405. (REV 4/04)
Dell™ Software License Agreement
This is a legal agreement between you, the user, and Dell Products, L.P ("Dell"). This
agreement covers all software that is distributed with the Dell product, for which there is no
separate license agreement between you and the manufacturer or owner of the software
(collectively the "Software"). This agreement is not for the sale of Software or any other
intellectual property. All title and intellectual property rights in and to Software is owned by
the manufacturer or owner of the Software. All rights not expressly granted under this
agreement are reserved by the manufacturer or owner of the Software. By opening or
breaking the seal on the Software packet(s), installing or downloading the Software, or using