Common use of Public Bodies Who Are Subject to Public Sector Privacy Legislation Clause in Contracts

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 Lenovo; 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 The following is added to the end of this Section 11 (Limitation of Liability): Except as expressly required by law without the possibility of contractual waiver, Licensee and Lenovo 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. The following is added to the end of this Subsection 11.1: 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 The following is added at 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 Lenovo. The following is added to Section 13 as Item 13.o:

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 Lenovo; 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 The following is added to the end of this Section 11 (Limitation of Liability): Except as expressly required by law without the possibility of contractual waiver, Licensee and Lenovo 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. The following is added to the end of this Subsection 11.1: 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 Lenovx’x xxllful misconduct (“dolo”) or gross negligence (“culpa inexcusable”). UNITED STATES OF AMERICA The following is added at 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 Lenovo. The following is added to Section 13 as Item 13.o: