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contract or tort claim), except for any liability that cannot be waived or limited by
applicable laws, IBM is liable for no more than
1. damages for bodily injury (including death) and damage to real property and
2. the amount of any other actual direct damages, up to the charges (if recurring,
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING:
1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN
THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE
TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST
PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR
RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Governing Law: Both you and IBM consent to the application of the laws of the
country in which you acquired the Machine to govern, interpret, and enforce all of
your and IBM's rights, duties, and obligations arising from, or relating in any manner
to, the subject matter of this Agreement, without regard to conflict of law principles.
Part 2 - Country-unique Terms
AMERICAS
BRAZIL
Governing Law: The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of
Rio de Janeiro.
NORTH AMERICA
Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call
1-800-IBM-SERV (426-7378).
CANADA
Governing Law: The following replaces "laws of the country in which you acquired
the Machine" in the first sentence:
laws in the Province of Ontario.
UNITED STATES
Governing Law: The following replaces "laws of the country in which you acquired
the Machine" in the first sentence:
laws of the State of New York.
ASIA PACIFIC
36
IBM xSeries 235 Type 8671: User's Guide
tangible personal property; and
12 months' charges apply) for the Machine that is subject of the claim. For
purposes of this item, the term "Machine" includes Machine Code and Licensed
Internal Code.
This limit also applies to IBM's suppliers and your reseller. It is the maximum for
which IBM, its suppliers, and your reseller are collectively responsible.
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