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Part 2 - country-unique terms, Part, Country-unique – IBM M400 User Manual

Page 62: Terms

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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,

ITS

SUPPLIERS

OR

RESELLERS

LIABLE

FOR

ANY

OF

THE

FOLLOWING

EVEN

IF

INFORMED

OF

THEIR

POSSIBILITY:

1)

THIRD

PARTY

CLAIMS

AGAINST

YOU

FOR

DAMAGES

(OTHER

THAN

THOSE

UNDER

THE

FIRST

ITEM

LISTED

ABOVE);

2)

LOSS

OF,

OR

DAMAGE

TO,

DATA;

3)

SPECIAL,

INCIDENTAL,

OR

INDIRECT

DAMAGES

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

OR

4)

LOST

PROFITS,

BUSINESS

REVENUE,

GOODWILL

OR

ANTICIPATED

SAVINGS.

SOME

STATES

OR

JURISDICTIONS

DO

NOT

ALLOW

THE

EXCLUSION

OR

LIMITATION

OF

INCIDENTAL

OR

CONSEQUENTIAL

DAMAGES,

SO

THE

ABOVE

LIMITATION

OR

EXCLUSION

MAY

NOT

APPLY

TO

YOU.

SOME

STATES

OR

JURISDICTIONS

DO

NOT

ALLOW

LIMITATIONS

ON

HOW

LONG

AN

IMPLIED

WARRANTY

LASTS,

SO

THE

ABOVE

LIMITATION

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

Statement

of

Limited

Warranty,

without

regard

to

conflict

of

law

principles.

THESE

WARRANTIES

GIVE

YOU

SPECIFIC

LEGAL

RIGHTS

AND

YOU

MAY

ALSO

HAVE

OTHER

RIGHTS

WHICH

VARY

FROM

STATE

TO

STATE

OR

JURISDICTION

TO

JURISDICTION.

Jurisdiction

All

of

our

rights,

duties,

and

obligations

are

subject

to

the

courts

of

the

country

in

which

you

acquired

the

Machine.

Part

2

-

Country-unique

Terms

AMERICAS

ARGENTINA

Governing

Law:

The

following

is

added

after

the

first

sentence:

Any

litigation

arising

from

this

Statement

of

Limited

Warranty

will

be

settled

exclusively

by

the

Ordinary

Commercial

Court

of

the

city

of

Buenos

Aires.

BRAZIL

Governing

Law:

The

following

is

added

after

the

first

sentence:

Any

litigation

arising

from

this

Statement

of

Limited

Warranty

will

be

settled

exclusively

by

the

court

of

Rio

de

Janeiro,

RJ.

Peru

Limitation

of

Liability:

The

following

is

added

at

the

end

of

this

section:

E-4

IBM

M400

PROJECTOR:

User’s

Guide