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250 IBM ISDN PC Card:User’s Guide
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
transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential,
proprietary 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 liability, you are entitled to recover damages from IBM. In
each such instance, 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.
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.
ISDNmst.fm Page 250 Wednesday, January 15, 2003 9:22 AM