IBM 1 U Installation Manual page 34

Limitation of Liability:
The following replaces item a and item b of this section:
Governing Law:
The following replaces "laws of the country in which you acquired the Machine" in
the first sentence:
laws in the Province of Ontario.
PERU
Limitation of Liability:
The following is added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code the limitations and
exclusions specified in this section will not apply to damages caused by IBM's willful
misconduct ("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES
Governing Law:
The following replaces "laws of the country in which you acquired the Machine" in
the first sentence:
laws of the State of New York
ASIA PACIFIC
AUSTRALIA
What this Warranty Covers:
The following paragraph is added to this section:
The warranties specified in this Section are in addition to any rights you may have
under the Trade Practices Act 1974 or other similar legislation and are only limited
to the extent permitted by the applicable legislation.
Limitation of Liability:
The following is added to this section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices
Act 1974 or other similar legislation, IBM's liability is limited to the repair or
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IBM 1 U Rack Mount Tape Enclosure: Installation Guide
a. damages for bodily injury (including death) or physical harm to real property and
tangible personal property caused by IBM's negligence; and
b. the amount of any other actual direct damages, up to the greater of $100,000.00 or
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").