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2. 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").
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 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.
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
39
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