IBM System Cluster 1350, Installation And Service

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govern this Agreement; 3) in the United Kingdom, all disputes relating to this
Agreement will be governed by English Law and will be submitted to the
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 condiion 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 guaranty
″
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
Appendix E. International License Agreement for Non-Warranted Programs
139