IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s
possession or 2) in transit in those cases where IBM is responsible for the
transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential,
proprietary or personal information contained in a Machine which you return to
IBM or your reseller for any reason. You should remove all such information from
the Machine prior to its return.
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
1.
damages for bodily injury (including death) and damage to real property and
tangible personal property; and
2.
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
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