Common use of LIABILITY TO MSR END-USERS Clause in Contracts

LIABILITY TO MSR END-USERS. THE PARTIES ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT AND WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, MSR END-USER’S ACCEPTANCE OF THE DELL MODULAR SERVICES RESELLER LICENCE AGREEMENT & ACCEPTABLE USE POLICY AS PROVIDED FOR IN THIS AGREEMENT, DELL PROVIDES THE MODULAR SERVICES TO CUSTOMER FOR CUSTOMER’S SOLE BENEFIT AND FOR RESALE BY CUSTOMER AND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE AS EXPRESSLY SET OUT IN THE DELL MODULAR SERVICES RESELLER LICENCE AGREEMENT & ACCEPTABLE USE POLICY, DELL SHALL NOT INCUR ANY LIABILITY TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION TO ANY MSR END-USER.

LIABILITY TO MSR END-USERS. THE PARTIES ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT AND WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, MSR END-END- USER’S ACCEPTANCE OF THE DELL MODULAR SERVICES RESELLER LICENCE AGREEMENT & ACCEPTABLE USE POLICY AS PROVIDED FOR IN THIS AGREEMENT, DELL PROVIDES THE MODULAR SERVICES TO CUSTOMER FOR CUSTOMER’S SOLE BENEFIT AND FOR RESALE BY CUSTOMER AND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SAVE AS EXPRESSLY SET OUT IN THE DELL MODULAR SERVICES RESELLER LICENCE AGREEMENT & ACCEPTABLE USE POLICY, DELL SHALL NOT INCUR ANY LIABILITY TO ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION TO ANY MSR END-USER.