Governing Law; Jurisdiction; Part 2 - Country-Unique Terms; Americas - Cisco InfiniBand 4x User Manual

Part 2 - Country-unique Terms

2.
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, ITS SUPPLIERS OR RESELLERS LIABLE FOR ANY OF
THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD PARTY CLAIMS
AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS,
BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION 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 Statement of Limited Warranty, without
regard to conflict of law principles.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Jurisdiction

All of our rights, duties, and obligations are subject to the courts of the country in which you acquired
the Machine.
Part 2 - Country-unique Terms

AMERICAS

ARGENTINA

Jurisdiction: The following is added after the first sentence:
Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the
Ordinary Commercial Court of the city of Buenos Aires.

BOLIVIA

Jurisdiction: The following is added after the first sentence:
Cisco 4x InfiniBand Switch Module for IBM BladeCenter User Guide
xiv
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 ("LIC").
IBM Statement of Limited Warranty Z125-4753-08 04/2004
78-17838-01