IBM eServer 135 xSeries User Reference Manual page 132

The Proof of Entitlement for this Program is evidence of your authorization to use this
xSeries 135 appliance server and of your eligibility for future upgrade program prices
(if announced) and potential special or promotional opportunities.
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, 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.
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IBM xSeries 135: User's Reference