Dell PowerVault 100T Manual page 633

Open Source Software Licenses and Attributions Document
The following replaces the provisions of 13.g:
g. Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in
Section 8 (No Warranties) of this Agreement.
The following replaces the provisions of 13.i:
i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third
party claims against Licensee, except (to the extent permitted in Section 10 (Limitation of Liability)) for: i) bodily
injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally
liable to that third party.
IRELAND
8. No Warranties
The following paragraph is added to the second paragraph of this Section 8 (No Warranties):
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 or 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).
IRELAND AND UNITED KINGDOM
2. Agreement Structure
The following sentence is added:
Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.
10.1 Items for Which IBM May Be Liable
The following replaces the first paragraph of the Subsection:
For the purposes of this section, a "Default" means any act, statement, omission or negligence on the part of IBM in
connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to
Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially
the same loss or damage will be treated as one Default.
Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this
Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which
Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of
contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the
extent actually suffered by Licensee as an immediate and direct consequence of the Default, up to the greater of (1)
500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term
charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the
amount of any damages for bodily injury (including death) and damage to real property and tangible personal property
for which IBM is legally liable is not subject to such limitation.
10.2 Items for Which IBM Is Not Liable
The following replaces Items 10.2b and 10.2c:
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