Tarptautin? ?Passport Advantage? sutartis

of the use of a non-IBM Eligible Product. IBM does not warrant uninterrupted or errorfree
operation of an Eligible Product or that IBM will correct all defects.
(d) At IBM’s discretion, warranty may also be provided by the third party provider himself.
(e) In the event that IBM is unable to remedy a warranty defect within a reasonable period
of time - even after an appropriate grace period - the Customer may in respect of this
defect (at his discretion) demand a reduction of price, or rescission of contract. In case
of minor defects or deviations, the Customer shall not be entitled to demand a rescission
of the contract.
(f) In addition, the limitation of liability provision will apply.
(g) However, non-IBM manufacturers, developers, suppliers, or publishers may provide their
own warranty to Customer.
AUSTRIJA, DANIJA, ESTIJA, LATVIJA, LIETUVA, NORVEGIJA, SUOMIJA, ŠVEDIJA:
1.7 Mokesčiai
Ištrinkite paskutinį sakinį:
Su IBM grynuoju pelnu susiję mokesčiai neįtraukiami.
BELGIUM, FRANCE, UK, IRELAND, SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND:
1.7 Taxes
Delete 1.7.
EGYPT
1.14. General Principles of Our Relationship
Delete 1.14.1.
FRANCE
1.9. Changes to the Agreement Terms
The following is added to this section:
If Customer disagrees with the change, Customer may terminate the transaction by notifying IBM, in
writing, within fifteen days after the date of IBM’s notification to Customer of the change.
All notices will be sent to the other party by registered letter.
1.15. Agreement Termination
The following is added after the fourth paragraph:
All notices will be sent to the other party by registered letter.
GERMANY
1.13. Limitation of Liability
The following replaces the Limitation of Liability section in its entirety:
a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2)
damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally
or by gross negligence.
b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of
essential contractual obligations, IBM will be liable, regardless of the basis on which Customer is
entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation,
or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the
Eligible Product is IBM SaaS or subject to Fixed Term charges, up to 12 months’ charges)
Customer paid for the Eligible Product that caused the loss or damage. A number of defaults which
together result in, or contribute to, substantially the same loss or damage will be treated as one
default.
c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not
be liable for indirect or consequential damages, even if IBM was informed about the possibility of
such loss or damage.
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