Part 2 - Country-Unique Terms - IBM Options iL1210 Guia Del Usuario

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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-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.