Part 2 - country-unique terms, Part, Country-unique – IBM xSeries 235 User Manual
Page 48: Terms
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:
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