2. the amount of any other actual direct damages, up to the charges (ifrecurring, 12 months’ charges apply) for the Machine that is subject of theclaim. For purposes of this item, the term “Machine” includes MachineCode and Licensed Internal Code.This limit also applies to IBM’s suppliers and your reseller. It is themaximum for which IBM, its suppliers, and your reseller are collectivelyresponsible.UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THEFOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL,INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMICCONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS,EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OFTHEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOTAPPLY TO YOU.Governing LawBoth you and IBM consent to the application of the laws of the country inwhich you acquired the Machine to govern, interpret, and enforce all of yourand IBM’s rights, duties, and obligations arising from, or relating in anymanner to, the subject matter of this Agreement, without regard to conflict oflaw principles.Part 2 - Country-unique TermsAMERICASBRAZILGoverning Law: The following is added after the first sentence:Any litigation arising from this Agreement will be settled exclusively by thecourt of Rio de Janeiro.NORTH AMERICAWarranty Service: The following is added to this Section:To obtain warranty service from IBM in Canada or the United States, call1-800-IBM-SERV (426-7378).CANADA36 Quick Reference