Part 2 - Country-Unique Terms - Ibm Ata Benutzerhandbuch

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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 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

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 man-

ner to, the subject matter of this Agreement, without regard to conflict of law prin-

ciples.