Dell PowerVault 100T DAT72 Open Source Software Licenses and Attributions Docu - Page 625

Open Source Software Licenses and Attributions Document d. Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users. The following replaces Item 13.i: i. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable to that third party. The following is added as Item 13.n: n. For purposes of this Item 13.n, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other: (1) General (a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws"). (b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available. (2) Security Safeguards (a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data. (b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other. (c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section. (d) Additional or different services required to comply with the Laws will be deemed a request for new services. (3) Use Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available. (4) Access Requests (a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data. (b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance. (c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel. (5) Retention Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]