IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM's possession or
2) in transit in those cases where IBM is responsible for the transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personal
information contained in a Machine which you return to IBM or your reseller for any reason.
You should remove all such information from the Machine prior to its return.
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
damages for bodily injury (including death) and damage to real property and tangible
personal property; and
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
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