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.
NORTH AMERICA
Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call 1-800-IBM-SERV
(426-7378).
CANADA
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in
the first sentence:
laws in the Province of Ontario.
UNITED STATES
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in
the first sentence:
laws of the State of New York.
Appendix C. Warranty information 59
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