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 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
Warranty Service: The following is added to this Section: Toobtain 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.
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.
ASIA PACIFIC
AUSTRALIA
The IBM Warranty for Machines: The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may have
under the Trade Practices Act 1974 or other similar legislation and areonly limited
to the extent permitted by the applicable legislation.
Limitation of Liability: The following is added to this Section: Where IBM is in breach
of a condition or warranty implied by the Trade Practices Act 1974 or other similar
legislation, IBM’s liability is limited to the repair or replacement of the goods or
the supply of equivalent goods. Where that condition or warranty relates to right
AppendixD. Product warranty and support information 29