IBM eserver Cluster 1350, Installation And Service Manual

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wish to increase the extent of use, notify IBM or its reseller and pay any
applicable charges. IBM does not give refunds or credits for charges already
due or paid.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM’s
net income, upon the Program supplied by IBM under this Agreement, then you
agree to pay that amount as IBM specifies or supply exemption documentation.
4. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE
EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. IBM
MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM
TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA
WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
The exclusion also applies to any of IBM’s subcontractors, suppliers, or program
developers (collectively called
″
Suppliers
″
).
Manufacturers, suppliers, or publishers of non-IBM Programs may provide their
own warranties.
5. Limitation of Liability
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INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS,
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CONSEQUENTIAL DAMAGES, EVEN IF IBM IS INFORMED OF THEIR
POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
6. General
Nothing in this Agreement affects any statutory rights of consumers that cannot
be waived or limited by contract.
IBM may terminate your license if you fail to comply with the terms of this
Agreement. If IBM does so, your authorization to use the Program is also
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You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more than
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without the possibility of contractual waiver or limitation.
Neither you nor IBM is responsible for failure to fulfill any obligations due to
causes beyond its control. The laws of the country in which you acquire the
Program govern this Agreement, except 1) in Australia, the laws of the State or
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exclusive jurisdiction of the English courts; 4) in Canada, the laws in the
Province of Ontario govern this Agreement; and 5) in the United States and
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govern this Agreement.
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IBM
Eserver
Cluster 1350 Installation and Service Guide