Part 2 - Country-Unique Terms - IBM iLV300 Value Guia Del Usuario

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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

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.