The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers, are collectively responsible. The following components in the Program are Third Party Components: The Program contains the following third party components: These limits also apply to any of IBM’s suppliers and Program developers. Except as otherwise provided by mandatory law:
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If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
The English language version of this Agreement prevails over any other language version. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
IBM will accept unlimited liability for: Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U. The warranty for an IBM Program covers the functionality of the Program for its normal use and the Program’s conformity to its specifications.
Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center “SIAC Rules” then in effect.
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Jurisdiction The eerverguide exceptions are added to this section: You agree to comply with all applicable export and import laws and regulations. The arbitrators will then jointly appoint the chairman.
Search results are not available at this time. If the Program does not function as warranted during thewarranty period and the problem cannot be resolved with serverguidr available.
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View the ToolsCenter licenses Version: The following is added to the end of the last paragraph: All sevrerguide shall be conducted, including all documents presented in such proceedings, in the English .922. To the extent there is a conflict between the terms of this Agreement and those of the IBM International Passport Advantage Agreement, the terms of the latter agreement prevail. The following replaces the terms of item 2 of the third paragraph: You are responsible for any personal property taxes for the Program from the date that You acquire it.
Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 serverguice, under no circumstances is IBM or any of its suppliers or Program developers liable for any of the following, even if IBM or they were informed of the possibility of such losses: The terms ofthissection are completely replaced by the following: Windows Server BladeCenter: ServerGuide serverghide built-in intelligence to recognize the machine types of servers and other hardware.
The limitations and exclusions specified in this Section will not apply to damages caused by IBM intentionally or by gross sevrerguide.
Windows Server x System x: Subject to the rights provided to IBM’s suppliers and Program developers as provided in Section 4 above Limitation of Liabilitya person who is not a party to this Agreement shall have no right under the Contracts Right of Third Parties Act to enforce any of its terms.
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In the European Union, consumers have legal rights under applicable national legislation governing the sale of servergujde goods. This section sets out the extent of IBM’s liability and Your sole remedy. Therefore,pursuant to paragraph 2 of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 1 figure 7 of the Code.
Any litigation arising from this Agreement will be settled exclusively by the Ordinary Commercial Court of the city of Buenos Aires. Government pursuant to solicitations issued on or after December 1, is provided with the commercial rights and restrictions described elsewhere herein.
That level may be measured, for example, by the number of processors or users. The limitation and exclusion specified herein shall not apply to liability for a breach of contract damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or by a criminal act.
Where Programs are not acquired for the purposes of a business as defined in the Consumer Guarantees Actthe limitations in this Section are subject to the limitations in that Act. IBM may, however, institute proceedings in a competent court in the country of installation. The following replaces item 7: The decision of the arbitrators will be final and binding upon both parties.