Dell PowerVault 100T DAT72 Open Source Software Licenses and Attributions Docu - Page 626

Open Source Software Licenses and Attributions Document purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law. (6) Public Bodies Who Are Subject to Public Sector Privacy Legislation For Licensees who are public bodies subject to public sector privacy legislation, this Item 13.n applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply. PERU 10. Limitation of Liability The following is added to the end of this Section 10 (Limitation of Liability): Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action. 10.1 Items for Which IBM May Be Liable The following is added to the end of this Subsection 10.1: In accordance with Article 1328 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"). UNITED STATES OF AMERICA 5. Taxes The following is added to the end of this Section 5 (Taxes): For Programs delivered electronically in the United States for which Licensee claims a state sales and use tax exemption, Licensee agrees not to receive any tangible personal property (e.g., media and publications) associated with the electronic program. Licensee agrees to be responsible for any sales and use tax liabilities that may arise as a result of Licensee's subsequent redistribution of Programs after delivery by IBM. 13. General The following is added to Section 13 as Item 13.n: n. U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation. The following is added to Item 13.f: Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement. ASIA PACIFIC COUNTRY AMENDMENTS AUSTRALIA file:///C|/tape_2_ppc.lai.html[9/7/2012 2:56:11 PM]