26
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.
7 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.
8 Governing 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
G676R_A01_bk0.book Page 26 Friday, November 13, 2009 3:46 PM
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