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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
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
B-6
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