Part 2 - Country-Unique Terms - IBM 48X Benutzerhandbuch

Vorschau ausblenden Andere Handbücher für 48X:

Benutzerhandbuch (70 Seiten)

Inhalt

Inhaltsverzeichnis

IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM's

possession or 2) in transit in those cases where IBM is responsible for the transpor-

tation charges.

Neither IBM nor your reseller is responsible for any of your confidential, proprie-

tary or personal information contained in a Machine which you return to IBM or

your reseller for any reason. You should remove all such information from the

Machine prior to its return.

Limitation of Liability

Circumstances may arise where, because of a default on IBM's part or other liabi-

lity, you are entitled to recover damages from IBM. In each such instance, regard-

less 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 pur-

poses 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 FOLLO-

WING: 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 SUP-

PLIERS 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 LIMITA-

TION 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 sub-

ject matter of this Agreement, without regard to conflict of law principles.