Dell Powervault LTO6 - Manual (Page 621)

Open Source Software Licenses and Attributions Document
file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]
i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third
party claims against Licensee, except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable) above for
bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that
third party.
j. In entering into this Agreement, neither party is relying on any representation not specified in this Agreement,
including but not limited to any representation concerning: 1) the performance or function of the Program; 2) the
experiences or recommendations of other parties; or 3) any results or savings that Licensee may achieve.
k. IBM has signed agreements with certain organizations (called "IBM Business Partners") to promote, market, and
support certain Programs. IBM Business Partners remain independent and separate from IBM. IBM is not responsible
for the actions or statements of IBM Business Partners or obligations they have to Licensee.
l. The license and intellectual property indemnification terms of Licensee's other agreements with IBM (such as the
IBM Customer Agreement) do not apply to Program licenses granted under this Agreement.
m. Both parties agree that all information exchanged is nonconfidential. If either party requires the exchange of
confidential information, it will be made under a signed confidentiality agreement;
14. Geographic Scope and Governing Law
14.1 Governing Law
Both parties agree to the application of the laws of the country in which Licensee obtained the Program license to
govern, interpret, and enforce all of Licensee's and IBM's respective 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.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Jurisdiction
All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program
license.
Part 2 - Country-unique Terms
For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in
Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is
organized as follows:
Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction);
Americas country amendments to other Agreement terms;
Asia Pacific country amendments to other Agreement terms; and
Europe, Middle East, and Africa country amendments to other Agreement terms.
Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction)
14.1 Governing Law
The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 14.1
Governing Law is replaced by the following phrases in the countries below:
AMERICAS