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determined in accordance with the French laws and all disputes arising out of this
Agreement or related to its violation or execution, including summary proceedings,
will be settled exclusively by the Commercial Court of Paris; 4) Angola, Bahrain,
Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao
Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe, this
Agreement will be governed by English Law and disputes relating to it will be
submitted to the exclusive jurisdiction of the English courts; and 5) in Greece,
Israel, Italy, Portugal, and Spain any legal claim arising out of this Statement will
be brought before, and finally settled by, the competent court of Athens, Tel Aviv,
Milan, Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
The IBM Warranty for Machines: The following replaces the first sentence of the first
paragraph of this Section: The warranty for an IBM Machine covers the functionality
of the Machine for its normal use and the Machine's conformity to its
Specifications.
The following paragraphs are added to this Section:The minimum warranty period for
Machines is six months. In case IBM or your reseller is unable to repair an IBM
Machine, you can alternatively ask for a partial refund as far as justified by the
reduced value of the unrepaired Machine or ask for a cancellation of the respective
agreement for such Machine and get your money refunded.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section: During the warranty period,
transportation for delivery of the failing Machine to IBM will be at IBM's expense.
Limitation of Liability: The following paragraph is added to this Section: The limitations
and exclusions specified in the Statement of Limited Warranty will not apply to
damages caused by IBM with fraud or gross negligence and for express warranty.
The following sentence is added to the end of item 2: IBM's liability under this item is
limited to the violation of essential contractual terms in cases of ordinary
negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section: as to any other
actual direct damages, IBM's liability will be limited to the total amount you paid
for the Machine that is the subject of the claim. For purposes of this item, the term
"Machine" includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first paragraph
of this Section: In such instances, regardless of the basis on which you are entitled
to claim damages from IBM, IBM is liable for no more than: (items 1 and 2
unchanged).
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IBM 200/400GB LTO-2 Tape Drive: User's Guide
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