Dell PowerVault 100T DAT72 Open Source Software Licenses and Attributions Docu - Page 628

Open Source Software Licenses and Attributions Document g. If no suit or other legal action is brought, within three years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim. INDONESIA 3.3 Term and Termination The following is added to the last paragraph: Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations. JAPAN 13. General The following is inserted as Item 13.n: n. Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust. MALAYSIA 10.2 Items for Which IBM Is Not Liable The word "SPECIAL" in Item 10.2b is deleted. NEW ZEALAND 8. No Warranties The following is added to the first paragraph of this Section 8 (No Warranties): Although IBM specifies that there are no warranties Licensee may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if Licensee requires the goods for the purposes of a business as defined in that Act. 10. Limitation of Liability The following is added: Where Programs are not obtained for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. PEOPLE'S REPUBLIC OF CHINA 4. Charges The following is added: All banking charges incurred in the People's Republic of China will be borne by Licensee and those incurred outside file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]