IBM eserver Cluster 1350, Инструкция по установке и обслуживанию

Страница: 106 / 122

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
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.
90
IBM
Eserver
Cluster 1350 Installation and Service Guide