Part 2 - Country-Unique Terms - IBM eServer 135 xSeries User Reference Manual

IBM does not provide program services or technical support, unless IBM specifies
otherwise.
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, Georgia, Hungary,
Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
Poland, Romania, Russia, Slovak Republic, Slovenia, Ukraine, and Federal Republic
of Yugoslavia, 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.

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 3):
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 condition 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
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Appendix A. Product warranties and notices