Circumstances may arise where, because of a default on IBM’spartorother
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-PARTYCLAIMS 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 LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONOR 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
E-4 IBM DVD-RAM/DVD-R Drive: User’s Guide