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
Puerto
Rico,
and
People’s
Republic
of
China,
the
laws
of
the
State
of
New
York
govern
this
Agreement.
Part
2
-
Country-unique
Terms
AUSTRALIA:
No
Warranty
(Section
4):
The
following
paragraph
is
added
to
this
Section:
Although
IBM
specifies
that
there
are
no
warranties,
you
may
have
certain
rights
under
the
Trade
Practices
Act
1974
or
other
legislation
and
are
only
limited
to
the
extent
permitted
by
the
applicable
legislation.
Limitation
of
Liability
(Section
5):
The
following
paragraph
is
added
to
this
Section:
Where
IBM
is
in
breach
of
a
condition
or
warranty
implied
by
the
Trade
Practices
Act
1974,
IBM’s
liability
is
limited
to
the
repair
or
replacement
of
the
goods,
or
the
supply
of
equivalent
goods.
Where
that
condition
or
warranty
relates
to
right
to
sell,
quiet
possession
or
clear
title,
or
the
goods
are
of
a
kind
ordinarily
acquired
for
personal,
domestic
or
household
use
or
consumption,
then
none
of
the
limitations
in
this
paragraph
apply.
GERMANY:
No
Warranty
(Section
4):
The
following
paragraphs
are
added
to
this
Section:
The
minimum
warranty
period
for
Programs
is
six
months.
In
case
a
Program
is
delivered
without
Specifications,
we
will
only
warrant
that
the
Program
information
correctly
describes
the
Program
and
that
the
Program
can
be
used
according
to
the
Program
information.
You
have
to
check
the
usability
according
to
the
Program
information
within
the
″
money-back
guarantee
″
period.
Limitation
of
Liability
(Section
5):
The
following
paragraph
is
added
to
this
Section:
The
limitations
and
exclusions
specified
in
the
Agreement
will
not
apply
to
damages
caused
by
IBM
with
fraud
or
gross
negligence,
and
for
express
warranty.
INDIA:
General
(Section
6):
The
following
replaces
the
fourth
paragraph
of
this
Section:
If
no
suit
or
other
legal
action
is
brought,
within
two
years
after
the
cause
of
action
arose,
in
respect
of
any
claim
that
either
party
may
have
against
the
other,
the
rights
of
the
concerned
party
in
respect
of
such
claim
will
be
forfeited
and
the
other
party
will
stand
released
from
its
obligations
in
respect
of
such
claim.
IRELAND:
No
Warranty
(Section
4):
The
following
paragraph
is
added
to
this
Section:
Except
as
expressly
provided
in
these
terms
and
conditions,
all
statutory
conditions,
including
all
warranties
implied,
but
without
prejudice
to
the
generality
of
the
foregoing,
all
warranties
implied
by
the
Sale
of
Goods
Act
1893
or
the
Sale
of
Goods
and
Supply
of
Services
Act
1980
are
hereby
excluded.
ITALY:
Limitation
of
Liability
(Section
5):
This
Section
is
replaced
by
the
following:
Unless
otherwise
provided
by
mandatory
law,
IBM
is
not
liable
for
any
damages
which
might
arise.
NEW
ZEALAND:
No
Warranty
(Section
4):
The
following
paragraph
is
added
to
this
Section:
Although
IBM
specifies
that
there
are
no
warranties,
you
may
have
certain
rights
under
the
Consumer
Guarantees
Act
1993
or
other
legislation
which
cannot
be
excluded
or
limited.
The
Consumer
Guarantees
Act
1993
will
not
apply
in
respect
of
any
goods
or
services
which
IBM
provides,
if
you
require
the
goods
or
services
for
the
purposes
of
a
business
as
defined
in
that
Act.
Appendix
E.
International
License
Agreement
for
Non-Warranted
Programs
45
Summary of Contents for System Cluster 1350
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