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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
tangible personal property; and
2. the amount of any other actual direct damages, up to the charges (if recurring,
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.
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
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.
Annexe A. Warranty information
A-5
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