IBM eServer 135 xSeries User Reference Manual page 134

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the concerned party in respect of such claim will be forfeited and the other party will
stand released from its obligations in respect of such claim.
IRELAND: No Warranty (Section 4):
The following paragraph is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions,
including all warranties implied, but without prejudice to the generality of the
foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods
and Supply of Services Act 1980 are hereby excluded.
ITALY: Limitation of Liability (Section 5):
This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any damages
which might arise.
NEW ZEALAND: 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 Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of
any goods or services which IBM provides, if you require the goods and services for
the purposes of a business as defined in that Act.
Limitation of Liability (Section 5):
The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined in the
Consumer Guarantees Act 1993, the limitations in this Section are subject to the
limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA: Charges (Section 3):
The following paragraph is added to the Section:
All banking charges incurred in the People's Republic of China will be borne by you
and those incurred outside the People's Republic of China will be borne by IBM.
UNITED KINGDOM: Limitation of Liability (Section 5):
The following paragraph is added to this Section at the end of the first paragraph:
The limitation of liability will not apply to any breach of IBM's obligations implied by
Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and
Services Act 1982.
UNITED STATES AND CANADA: No Country-unique Terms apply.
IBM International License Agreement for Non-Warranted Programs Addendum for
Linux and Other Open Source Programs These terms replace those in Section 1 and
are in addition to those of the remaining sections of the IBM International License
Agreement for Non-Warranted Programs. If there is a conflict among terms, those of
this Addendum prevail. You accept these terms and the terms in the Agreement by
using the Program.
The Linux and other open source Program(s) that were packaged with, or preloaded
onto, your IBM computer system are distributed by Caldera Inc., Red Hat Inc., SuSE
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IBM xSeries 135: User's Reference

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