Dell PowerVault 100T DAT72 Open Source Software Licenses and Attributions Docu - Page 627

Open Source Software Licenses and Attributions Document 5. Taxes The following sentences replace the first two sentences of Section 5 (Taxes): If any government or authority imposes a duty, tax (other than income tax), levy, or fee, on this Agreement or on the Program itself, that is not otherwise provided for in the amount payable, Licensee agrees to pay it when IBM invoices Licensee. If the rate of GST changes, IBM may adjust the charge or other amount payable to take into account that change from the date the change becomes effective. 8. No Warranties The following is added to the first paragraph of Section 8 (No Warranties): Although IBM specifies that there are no warranties Licensee may have certain rights under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation. 10.1 Items for Which IBM May Be Liable The following is added to Subsection 10.1 (Items for Which IBM Maybe Liable): Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply. HONG KONG SAR, MACAU SAR, AND TAIWAN As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following: (1) In Hong Kong SAR: "Hong Kong SAR" (2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1) (3) In Taiwan: "Taiwan." INDIA 10.1 Items for Which IBM May Be Liable The following replaces the terms of Items 1 and 2 of the first paragraph: 1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by Licensee for the individual Program that is the subject of the claim. 13. General The following replaces the terms of Item 13.g: file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]