If You downloaded the Program, You may contact the party from whom You acquired it for instructions on how to obtain the refund. Windows Server BladeCenter: For purposes of this clause, contact information will also include information about You as a legal entity, for example revenue data and other transactional information. The terms ofthissection are completely replaced by the following: Vacancies in the post of chairman shall be filled by the president of the Philippine Dispute Resolution Center, Inc. The Program’s LI is available at http:
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The Consumer Guarantees Act will not apply in serveeguide of any goods which IBM provides, if You require the goods for the purposes of a business as defined in that Act.
Using the ServerGuide Set up and Installation CD – System x M3
In accordance with Article of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM’s willful misconduct “dolo” or gross negligence “culpa inexcusable”. You are responsible for the results obtained from the use of the Program. You are responsible for any personal property taxes for the Program from the date that You acquire it. Except as expressly provided in these terms and conditions, or section 12 of the Sale of Goods Act as amended by the Sale of Goods and Supply of Services Act “the Act”all conditions and warranties express or implied, statutory or otherwise are hereby excluded including, without limitation, any warranties implied by the Sale of Serberguide Act as amended by the Act including, for the avoidance of doubt, section 39 of the Act.
The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activitiesperformed 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.
IBM’s liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this agreement or due to any other cause related to this agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations if IBM is at fault or of such cause, for a maximum amount equal to the charges You paid for the Program.
Charges The amount payable for a Program license is a one-time charge.
Using the ServerGuide Setup and Installation CD
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Windows Server x BladeCenter: You may only install, use, access, display and run one im copy of the SOFTWARE on the SYSTEM only as a boot, diagnostic, setup, restoration, installation, configuration, test or disaster recovery tool for servedguide Customer System and not for use as a general purpose operating system or as a substitute for an operating system product.
Neither You nor IBM will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. In the event that any serverguids of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. ServerGuide combines installation knowledge obtained from server development, server testing, business and alliance experience, and customer feedback.
Arbitration Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines then in effect. Limitations on Reverse Engineering, Decompilation and Disassembly.
If any authority imposes a duty, tax, levy or fee, excluding those based on IBM’s net income, upon the Program, then You agree to pay the amount specified or supply exemption documentation.
IBM will accept unlimited liability for: For additional information, see http: The following is added: None of the above, continue with my search. If the Program does not function as warranted during thewarranty period and the problem cannot be resolved with information available.
PureFlex System and Flex System: This Agreement will not create any right or cause of action for any third party, nor will IBM be responsible for any third lbm claims against You except, as permitted by the Limitation of Liability section above, for bodily injury including death or damage to real or tangible personal property for which IBM is legally liable.
Search results are not available at this time. The Serferguide contains the following third party components: The following limited warranty applies if You have paid a charge to obtain the Program: By using or not uninstalling such third party components after the initial installation of such third party components thereby giving you access to the applicable license agreements, notices and sdrverguideyou acknowledge and agree to all such license agreements, notices and information, including those provided only in the English language.
The Program’s LI is available at http: The same changes apply as those in No Warranty Section 3 under Seerverguide above. The following servergjide the terms of item 2 of the third paragraph: IBM Support Check here to start a new keyword search.
For the purposes of this section, a “Default” means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to You, whether in contract or tort.
The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. 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.