Lenovo ThinkPad L540 (English) ADP Services Agreement - Ireland - Page 3

Resellers, Or Service Providers Be Liable For Any Of The Following Even If Informed

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6. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL LENOVO, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF LENOVO, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT. THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH LENOVO IS LIABLE UNDER LAW. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. GENERAL Any information exchanged between us is not confidential or proprietary, including any information you disclose over the phone or electronically. Lenovo and our related companies may process, store and use information about your transaction and your contact information, including - as far as provided by you to Lenovo for this purpose - name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. We may also contact you to notify you about any product recall, safety issue or service actions. Where permissible under local law, and to the extent permissible, we may use this information to inquire about your satisfaction with our products or services or to provide you with information about other products and services. You may decline to receive any further such communications from us at any time. In accomplishing these purposes, we may transfer your information to any country where we do business; we may provide it to entities acting on our behalf; or we may disclose it where required by law. We will not sell or otherwise transfer personally identifiable information you provide to any third parties for their own direct marketing use without your consent. If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in effect. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Each of us grants the other only the rights specified in this Agreement. No other license or rights (including license or rights under patents) are granted by either of us to the other. Neither of us grants the other the right to use its trademarks, trade names, or other designations in any promotion or publication without prior written consent. Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract. Neither of us is responsible for failure to fulfill obligations due to causes beyond their control. Either of us may communicate with the other by electronic means and such communication deemed to be in writing to the extent permissible under applicable law. An identification code contained in an electronic document shall be sufficient to verify the sender's identity and the authenticity of the document. Each of us will comply with any laws and regulations that are applicable to this Agreement. Neither of us may assign this Agreement, in whole or in part, without the prior written consent of the other. Any attempt to do so is void. Neither of us will unreasonably withhold such consent. The assignment of this Agreement by either of us to an affiliate or to our successor organization by merger or acquisition does not require the consent of the other. Lenovo may also assign its rights to payments under this Agreement without your consent. Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and shall apply to our respective successors and assigns. L505-0102-01 Accidental Damage Protection Services Page 3 of 4

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L505-0102-01 Accidental Damage Protection Services
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6.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY SET FORTH HEREIN, SHALL LENOVO, ITS AFFILIATES, SUPPLIERS,
CONTRACTORS,
RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF
THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST
YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS.
IN NO CASE SHALL THE TOTAL LIABILITY
OF LENOVO, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR
DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED
THE AMOUNT PAID FOR THE PRODUCT.
THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH),
DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH LENOVO IS
LIABLE UNDER LAW.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7.
GENERAL
Any information exchanged between us is not confidential or proprietary, including any information you disclose over
the phone or electronically.
Lenovo and our related companies may process, store and use information about your transaction and your contact
information, including
–
as far as provided by you to Lenovo for this purpose
–
name, phone numbers, address, and
e-mail addresses, to process and fulfill your transaction.
We may also contact you to notify you about any product
recall, safety issue or service actions.
Where permissible under local law, and to the extent permissible, we may use
this information to inquire about your satisfaction with our products or services or to provide you with information
about other products and services. You may decline to receive any further such communications from us at any time.
In accomplishing these purposes, we may transfer your information to any country where we do business; we may
provide it to entities acting on our behalf; or we may disclose it where required by law.
We will not sell or otherwise
transfer personally identifiable information you provide to any third parties for their own direct marketing use without
your consent.
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions shall remain in effect.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
Each of us grants the other only the rights specified in this Agreement.
No other license or rights (including license or
rights under patents) are granted by either of us to the other.
Neither of us grants the other the right to use its
trademarks, trade names, or other designations in any promotion or publication without prior written consent.
Neither of us will bring a legal action arising out of or related to this Agreement or Service more than two years after
the cause of action arose unless otherwise provided by applicable law without the possibility of waiver by contract.
Neither of us is responsible for failure to fulfill obligations due to causes beyond their control.
Either of us may communicate with the other by electronic means and such communication deemed to be in writing to
the extent permissible under applicable law.
An identification code contained in an electronic document shall be
sufficient to verify the sender’s identity and the authenticity of the document.
Each of us will comply with any laws and regulations that are applicable to this Agreement.
Neither of us may assign this Agreement, in whole or in part, without the prior written consent of the other.
Any
attempt to do so is void.
Neither of us will unreasonably withhold such consent.
The assignment of this Agreement
by either of us to an affiliate or to our successor organization by merger or acquisition does not require the consent of
the other.
Lenovo may also assign its rights to payments under this Agreement without your consent.
Any terms which by their nature extend beyond the termination of this Agreement remain in effect until fulfilled and
shall apply to our respective successors and assigns.