UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1)
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
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.
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.