Items for Which IBM May Be Liable. The following replaces the first paragraph of the Subsection:
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.
Items for Which IBM May Be Liable. The following is added to the end of this Subsection 7.1: 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
Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months’ charges) Licensee paid for the Program that is the subject of the claim. This limit also applies to any of IBM’s Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.
Items for Which IBM May Be Liable. The following is added to Subsection 7.1 (Items for Which IBM May Be Liable): Where IBM is in breach of a condition or warranty implied by the Competition and Consumer Act 2010, 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:
Items for Which IBM May Be Liable. The following replaces the first sentence: In the second sentence of the first paragraph, delete entirely the parenthetical phrase “(including fundamental breach, negligence, misrepresentation, or other contract or tort claim).”
Items for Which IBM May Be Liable. The following replaces the first sentence in the first paragraph: Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. In the second sentence of the first paragraph, delete entirely the parenthetical phrase: "(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".
Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Customer is entitled to recover damages from IBM. Regardless of the basis on which Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from or related to each Product or Service or otherwise arising under this Agreement will not exceed the amount of any actual direct damages up to the greater of $100,000 or the charges (if recurring, 12 months' charges apply) for the Product or Service that is the subject of the claim. For purposes of this Limitation of Liability section, the term "Product" also includes Materials and Machine Code. This limit also applies to any of IBM’s subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible. The following amounts are not subject to a cap on the amount of damages:
a. payments referred to in the Intellectual Property Protection section above; and
b. damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable.
Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Customer is entitled to recover damages from IBM. Regardless of the basis on which Customer is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from or related to each IBM Offering or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to U.S. $10,000 (or equivalent in local currency). This limit also applies to any of IBM’s IBM Offering developers and suppliers. It is the maximum for which IBM and its IBM Offering developers and suppliers are collectively responsible.
Items for Which IBM May Be Liable. The following sentences are deleted:
