Limitation of Liability:
Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to recover damages
from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach,
negligence, misrepresentation, or other contract or tort claim), except for any liability that cannot be waived or limited by applicable laws, IBM is liable
for no more than
damages for bodily injury (including death) and damage to real property and tangible personal property; and
the amount of any other actual direct damages, up to the charges (if recurring, 12 months' charges apply) for the Machine that is subject of the
claim. For purposes of this item, the term “Machine” includes Machine Code and Licensed Internal Code.
This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, its suppliers, and your reseller are collectively
responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS
OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES,
LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law:
Both you and IBM consent to the application of the laws of the country in which you acquired the Machine to govern, interpret, and
enforce all of your and IBM’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without
regard to conflict of law principles.
Part 2 - Country-unique Terms
AMERICAS
BRAZIL
Governing Law:
The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro.
NORTH AMERICA
Warranty Service:
The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call 1-800-IBM-SERV (426-7378).
CANADA
