Common use of Important Additional Information Clause in Contracts

Important Additional Information. NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. AS SUCH, ONLY THE LIMITATIONS THAT LAWFULLY APPLY TO YOU IN YOUR JURISDICTION WILL APPLY TO YOU, AND IN SUCH EVENT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Dell warrants that the Services provided as part of the Solution shall be provided in accordance with the Solution Description and in the absence of the Solution Description, with reasonable skill and care. Dell make no express or implied warranty or term of condition (whether under statute or common law) (i) relating to the performance of the Software; (ii) that the Software is or will be secure, accurate, complete, without error or free of Malicious Code or that any errors in software will be corrected; (iii) that the Services will be uninterrupted, timely or without error; or (iv) as to the security of the Solution. Dell shall not be liable for any defect in the Software to the extent it results from: (1) use of the Software otherwise than in accordance with the Agreement; (2) any modification of the Software not carried out or authorised in writing by Dell, (3) failure of electric power or environmental control systems; or (4) failure of hardware, software or other products or services not supplied by Dell or any other matter beyond the reasonable control of Dell. Dell’s liability under the warranties given in this Agreement shall not apply to Third Party Products or open source software and Customer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer or supplier to Dell to the extent that they are assignable by Dell to Customer provided this is at no additional cost to Dell. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. With respect Customer’s use of Software, Customer is responsible for the costs of all necessary servicing, repairs or correction of problems caused by Malicious Code unless such problems or Malicious Code are caused as a direct result of Dell’s willful misconduct. Customer agrees that the operation and availability of the systems used for accessing and interacting with the Solutions (including telephone, computer networks and the internet) or to transmit information can be unpredictable and may from time to time interfere with or prevent access to, use or operation of the Solutions. Dell shall not be liable for any such interference with or prevention of Customer’s access to, use or lack of operation of the Solutions.

Important Additional Information. NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE MANDATORY LAW. AS SUCH, ONLY THE LIMITATIONS THAT LAWFULLY APPLY TO YOU IN YOUR JURISDICTION WILL APPLY TO YOU, AND IN SUCH EVENT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW. Dell warrants that the Services provided as part of the Solution shall be provided in accordance with the Solution Description and in the absence of the Solution Description, with reasonable skill and care. Dell make no express or implied warranty or term of condition (whether under statute or common law) (i) relating to the performance of the Software; (ii) that the Software is or will be secure, accurate, complete, without error or free of Malicious Code or that any errors in software will be corrected; (iii) that the Services will be uninterrupted, timely or without error; or (iv) as to the security of the Solution. Dell shall not be liable for any defect in the Software to the extent it results from: (1) use of the Software otherwise than in accordance with the Agreement; (2) any modification of the Software not carried out or authorised in writing by Dell, (3) failure of electric power or environmental control systems; or (4) failure of hardware, software or other products or services not supplied by Dell or any other matter beyond the reasonable control of Dell. Dell’s liability under the warranties given in this Agreement shall not apply to Third Party Products or open source software and Customer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer or supplier to Dell to the extent that they are assignable by Dell to Customer provided this is at no additional cost to Dell. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. With respect Customer’s use of Software, Customer is responsible for the costs of all necessary servicing, repairs or correction of problems caused by Malicious Code unless such problems or Malicious Code are caused as a direct result of Dell’s willful misconduct. Customer agrees that the operation and availability of the systems used for accessing and interacting with the Solutions (including telephone, computer networks and the internet) or to transmit information can be unpredictable and may from time to time interfere with or prevent access to, use or operation of the Solutions. Dell shall not be liable for any such interference with or prevention of Customer’s access to, use or lack of operation of the Solutions.

Important Additional Information. NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. AS SUCH, ONLY THE LIMITATIONS THAT LAWFULLY APPLY TO YOU IN YOUR JURISDICTION WILL APPLY TO YOU, AND IN SUCH EVENT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. LAW.‌‌ Dell warrants that the Services provided as part of the Solution shall be provided in accordance with the Solution Description and in the absence of the Solution Description, with reasonable skill and care. Dell Parties make no express or implied warranty or term of condition (whether under statute or common law) (i) relating to the performance of the Software; (ii) that the Software is or will be secure, accurate, complete, without error or free of Malicious Code or that any errors in software will be corrected; (iii) that the Services will be uninterrupted, timely or without error; or (iv) as to the security of the Solution. Dell Parties shall not be liable for any defect in the Software to the extent it results from: (1) use of the Software otherwise than in accordance with the Agreement; (2) any modification of the Software not carried out or authorised in writing by Dell, (3) failure of or electric power or environmental control systems; or (4) failure of hardware, software or other products or services not supplied by Dell or any other matter beyond the reasonable control of Dell. Dell.‌ Dell’s liability under the warranties given in this Agreement shall not apply to Third Party Products or open source software and Customer shall only be entitled to the benefit of any warranty or guarantee as is given by the manufacturer or supplier to Dell to the extent that they are assignable by Dell to Customer provided this is at no additional cost to Dell. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. With respect Customer’s use of Software, Customer is responsible for the costs of all necessary servicing, repairs or correction of problems caused by Malicious Code unless such problems or Malicious Code are caused as a direct result of Dell’s willful misconduct. misconduct.‌ Customer agrees that the operation and availability of the systems used for accessing and interacting with the Solutions (including telephone, computer networks and the internet) or to transmit information can be unpredictable and may from time to time interfere with or prevent access to, use or operation of the Solutions. Dell shall not be liable for any such interference with or prevention of Customer’s access to, use or lack of operation of the Solutions.. Dell parties shall not be liable for difficulties arising from the use of Customer- provided software