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v 2.6 7-6-07
Services Do Not Include Network Security. Customer acknowledges and agrees that the Services provided
under this Service Description do not include system and/or network security, and that system and/or network
security are Customer’s responsibility.
LIMITATION OF LIABILITY. DELL WILL HAVE NO LIABILITY BEYOND THE REMEDIES SET FORTH
HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR LOSS OR CORRUPTION OF DATA OR
SOFTWARE, LOSS OF USE, LOST PROFITS OR LOSS OF BUSINESS. 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE SERVICES,
DELL IS NOT LIABLE OR RESPONSIBLE, FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID
FOR THE SERVICES. 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.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY
CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE
CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this Service Description, its
interpretation, or the breach, termination or validity thereof, the relationships which result from this
Service Description, Dell's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES.
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 Service Description, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Service Description (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Service Description), 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 http://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
Customer resides. 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.
Terms and Conditions. Dell is pleased to provide these Services in accordance with this Service
Description and Dell’s standard invoice terms and conditions of sale (see
www.dell.com/policy/legal/termsofsale.htm
).