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GERMANY: No Warranty (Section 3): The same changes apply as those in No Warranty (Section 3) under
Austria above.
Limitation of Liability (Section 4): The following paragraph is added to this Section:
The limitations and exclusions specified in this Section will not apply to damages caused by Lenovo
intentionally or by gross negligence.
General (Section 5): The following replaces the terms of item 4:
Any claims resulting from this Agreement are subject to a statute of limitation of three years, except as
stated in Section 3 (No Warranty) of this Agreement.
HUNGARY: Limitation of Liability (Section 4): The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach of contract damaging
life, physical well-being, or health that has been caused intentionally, by gross negligence, or by a
criminal act.
The parties accept the limitations of liability as valid provisions and state that the Section 314. (2) of the
Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the
present Agreement balance this limitation of liability.
IRELAND: No Warranty (Section 3): The following is added to this section:
Except as expressly provided in these terms and conditions, or section 12 of the Sale of Goods Act 1893
(as amended by the Sale of Goods and Supply of Services Act 1980 ("the 1980 Act")), all conditions and
warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation,
any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the
avoidance of doubt, section 39 of the 1980 Act).
Limitation of Liability (Section 4): The following replaces the terms of this section in its entirety:
For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the
part of Lenovo in connection with, or in relation to, the subject matter of an Agreement in respect of which
Lenovo is legally liable to You whether in contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated as one Default occurring on the date
of occurrence of the last such Default.
Circumstances may arise where, because of a Default, You are entitled to recover damages from Lenovo.
This section sets out the extent of Lenovo's liability and Your sole remedy.
4.
Lenovo will accept unlimited liability for (a) death or personal injury caused by the negligence of
Lenovo, and (b) subject always to the Items for Which Lenovo is Not Liable below, for physical
damage to Your tangible property resulting from the negligence of Lenovo.
Except as provided in item 1 above, Lenovo's entire liability for actual damages for any one Default will not in
any event exceed the greater of 1) €125,000, or 2) 125% of the amount You paid for the Program directly
relating to the Default. These limits also apply to any of Lenovo's suppliers and Program developers. They
state the maximum for which Lenovo and such suppliers and Program developers are collectively
responsible.
Items for Which Lenovo is Not Liable
Save with respect to any liability referred to in item 1 above, under no circumstances is Lenovo or any of
its suppliers or Program developers liable for any of the following, even if Lenovo or they were informed of
the possibility of such losses:
5.
loss of, or damage to, data;
6.
special, indirect, or consequential loss; or
7.
loss of profits, business, revenue, goodwill, or anticipated savings.
ITALY: General (Section 5): The following is added to this section:
Lenovo and Customer (hereinafter, individually, "Party") shall comply with all the obligations of the
applicable provisions of law and/or regulation on personal data protection. Each of the Parties will
indemnify and keep the other Party harmless from any damage, claim, cost or expense incurred by the
latter, directly and or indirectly, as a consequence of an infringement of the other Party of the mentioned
provisions of law and/or regulations.
SLOVAKIA: Limitation of Liability (Section 4): The following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited under §§ 373-386 of the Slovak Commercial
Code.
General (Section 5): The terms of item 4 are replaced with the following:
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