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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
(″LIC″).
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
E-4 IBM M400 PROJECTOR: User’s Guide