Part 2 - Country-Unique Terms - IBM T221 Installation Manual

Limitation of Liability
Circumstances may arise where, because of a default on IBM's part or other liability,
you are entitled to recover damages from IBM. In each such instance, regardless of the
basis on which you are entitled to claim damages from IBM (including fundamental
breach, negligence, misrepresentation, or other contract or tort claim), except for any
liability that cannot be waived or limited by applicable laws, IBM is liable for no more
than
1. damages for bodily injury (including death) and damage to real property and
tangible personal property; and
2. the amount of any other actual direct damages, up to 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.
This limit also applies to IBM's suppliers and your reseller. It is the maximum for which
IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1)
THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE
UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR
RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST
SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF
THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GOVERNING LAW
Both you and IBM consent to the application of the laws of the country in which you
acquired the Machine to govern, interpret, and enforce all of your and IBM's rights,
duties, and obligations arising from, or relating in any manner to, the subject matter of
this Agreement, without regard to conflict of law principles.

Part 2 - Country-unique terms

AMERICAS
BRAZIL
Governing Law: The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of Rio
de Janeiro.
NORTH AMERICA
Warranty Service: The following is added to this Section: To obtain warranty service
from IBM in Canada or the United States, call 1-800-IBM-SERV (426-7378).
CANADA
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.
Appendix B. IBM Statement of Limited Warranty
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