Dell Powervault LTO6 - Manual (Page 631)

Open Source Software Licenses and Attributions Document
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The warranty period is twelve months from the date of delivery. The limitation period for consumers in action for
breach of warranty is the statutory period as a minimum.
The warranty for an IBM Program covers the functionality of the Program for its normal use and the Program's
conformity to its specifications.
IBM warrants that when the Program is used in the specified operating environment it will conform to its
specifications. IBM does not warrant uninterrupted or error-free operation of the Program or that IBM will correct all
Program defects. Licensee is responsible for the results obtained from the use of the Program.
The warranty applies only to the unmodified portion of the Program.
If the Program does not function as warranted during the warranty period and the problem cannot be resolved with
information available, Licensee may return the Program to the party from whom Licensee acquired it and receive a
refund of the amount Licensee paid. If Licensee down loaded the Program, Licensee may contact the party from whom
Licensee acquired it to obtain the refund.
This is IBM's sole obligation to Licensee, except as otherwise required by applicable statutory law.
10. Limitation of Liability
The following is added:
The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or
willful misconduct.
10.1 Items for Which IBM May Be Liable
The following replaces the first sentence in the first paragraph:
Circumstances may arise where, because of a default by IBM in the performance of its obligations under this
Agreement or other liability, Licensee is entitled to recover damages from IBM.
In the second sentence of the first paragraph, delete entirely the parenthetical phrase:
"(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".
10.2 Items for Which IBM Is Not Liable
The following replaces Item 10.2b:
b. indirect damages or consequential damages; or
BELGIUM, FRANCE, ITALY, AND LUXEMBOURG
10. Limitation of Liability
The following replaces the terms of Section 10 (Limitation of Liability) in its entirety:
Except as otherwise provided by mandatory law:
10.1 Items for Which IBM May Be Liable