Items for Which Lenovo May Be Liable. Circumstances may arise where, because of a default on Lenovo’s part or other liability, Licensee is entitled to recover damages from Lenovo. Regardless of the basis on which Licensee is entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Lenovo’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 Lenovo’s Program developers and suppliers. It is the maximum for which Lenovo and its Program developers and suppliers are collectively responsible.
Items for Which Lenovo May Be Liable. The following is added at 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 Lenovo’s willful misconduct (“dolo”) or gross negligence (“culpa inexcusable”). UNITED STATES OF AMERICA:
Items for Which Lenovo May Be Liable. The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items for Which Lenovo May be Liable):
Items for Which Lenovo May Be Liable. The following replaces the terms of Items 1 and 2 of the first paragraph:
Items for Which Lenovo May Be Liable. The following is added to Subsection 10.1 (Items for Which Lenovo May Be Liable): Where Lenovo is in breach of a condition, warranty or consumer guarantee implied by the Competition and Consumer Xxx 0000, and Lenovo’s liability is capable of being limited, then Lenovo’s liability is limited to the repair or replacement of the goods, or the supply of equivalent goods.
Items for Which Lenovo May Be Liable. The following replaces the first sentence in the first paragraph: Circumstances may arise where, because of a default by Lenovo in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from Lenovo. 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 Lenovo May Be Liable. The following replaces the first paragraph of the Subsection:
Items for Which Lenovo May Be Liable. Lenovo’s entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if Lenovo is at fault) or of such cause, for a maximum amount equal to the charges (if the Program is subject to fixed term charges, up to twelve months’ charges) Licensee paid for the Program that has caused the damages. The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which Lenovo is legally liable.
Items for Which Lenovo May Be Liable. Circumstances may arise where, because of a default on Lenovo’s part or other liability, Licensee is entitled to recover damages from Lenovo. Regardless of the basis on which Licensee is entitled to claim damages from Lenovo (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Lenovo’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 U.S. $10,000 (or equivalent in local currency). This limit also applies to any of Lenovo’s Program developers and suppliers. It is the maximum for which Lenovo and its Program developers and suppliers are collectively responsible.
Items for Which Lenovo May Be Liable. The following sentences are deleted This limit also applies to any of Lenovo’s subcontractors and Program developers. It is the maximum for which Lenovo and its subcontractors and Program developers are collectively responsible. EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country that has enacted local data privacy or protection legislation similar to the EU model.
