IBM System Cluster 1350, Installation And Service

Page: 156 / 170

3. Charges and Taxes
IBM defines use for the Program for charging purposes and specifies it in the
Proof of Entitlement. Charges are based on extent of use authorized. If you
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
NEITHER IBM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR
INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER
ECONOMIC 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
terminated and you must immediately destroy the Program and all copies you
made of it.
You agree to comply with applicable export laws and regulations.
Neither you nor IBM will bring a legal action under this Agreement more than
two years after the cause of action arose unless otherwise provided by local law
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
Territory in which the transaction is performed govern this Agreement; 2) in
Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Czech
Republic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan,
Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland,
Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria
138
Installation and Service