17
Dell and/or your third-party service 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.
Dell and/or your third-party service
provider is not permitted by law to copy pirated or
copyrighted materials or to copy or handle illegal data. Prior
to Dell and/or your third-party service provider providing
service or support, you represent that your system(s) does
not contain illegal files or data. You also represent that you
own the copyright or have a license to make copies to all
files on your system and do not have any data that would
cause Dell to be liable for copyright infringement if those
files 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.
6
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 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.
U721K_A00_bk0.book Page 17 Thursday, March 26, 2009 12:39 PM
