Lenovo ThinkCentre M76 (English) Lenovo License Agreement - Page 2

5. Software Product Specifications The Software Product specifications and specified operating environment information may be found in documentation accompanying the Software Product, if available, such as a README or similarly titled file, or otherwise published by Lenovo. 6. Charges Charges for the Software Product are based on the level of use acquired. If You wish to increase the level of use, contact Lenovo or the party from whom You acquired the Software Product. Additional charges may apply. If any authority imposes a duty, tax, levy or fee, excluding those based on Lenovo's net income, upon the Software Product, then You agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Software Product from the date that You acquire it. 7. No Warranty The Software Product(s) is provided to You "AS IS." SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, LENOVO MAKES NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, REGARDING THE SOFTWARE PRODUCT OR TECHNICAL SUPPORT, IF ANY. The exclusion also applies to any of Lenovo's developers and suppliers. Suppliers or publishers of non-Lenovo Software Products may provide their own warranties. Lenovo does not provide technical support, unless Lenovo specifies otherwise in writing. 8. Limitation of Liability Circumstances may arise where, because of a default on Lenovo's part or other liability, You may be entitled to recover damages from Lenovo. In each such instance, regardless of the basis on which You are entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), except and to the extent that liability cannot be waived or limited by applicable laws, Lenovo is liable for no more than the amount of actual direct damages suffered by You, up to the amount You paid for the Software Product. This limit does not apply to damages for bodily injury (including death) and damage to real property and tangible personal property for which Lenovo is required by law to be liable. This limit also applies to Lenovo's suppliers and resellers. It is the maximum for which Lenovo, its suppliers and resellers are collectively responsible. UNDER NO CIRCUMSTANCES IS LENOVO, ITS SUPPLIERS OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, YOUR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 9. Consumer Rights Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. You may have additional consumer rights under applicable local laws, which this Agreement cannot change. 10. General a) In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. b) You agree to comply with all applicable export and import laws and regulations. c) Neither You nor Lenovo will bring a legal action under this Agreement more than two (2) years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. 11. Dispute Resolution If You acquired the Software Product in Cambodia, Indonesia, Philippines, Vietnam or Sri Lanka, disputes arising out of or in connection with this Software Product shall be finally settled by arbitration held in Singapore and this Agreement shall be governed, construed and enforced in accordance with the laws of Singapore, without regard to conflict of laws. If You acquired the Software Product in India, disputes arising out of or in connection with this Software Product shall be finally settled by arbitration held in Bangalore, India. Arbitration in Singapore shall be held in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. Arbitration in India shall be held in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. All arbitration proceedings shall be conducted, including all documents presented in such proceedings, in the English language, and the English language version of this Agreement prevails over any other language version in such proceedings.