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一个好玩的用人脸控制鼠标的程序

may have certain rights under the Trade Practices Act 1974 or 
other legislation and are only limited to the extent permitted by 
the applicable legislation.<br>
<br>
Limitation of Liability (Section 4): The following is added:<br>
<br>
Where IBM is in breach of a condition or warranty implied 
by the Trade Practices Act 1974, 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 acquired for personal, domestic or household use or 
consumption, then none of the limitations in this paragraph apply.<br>
<br>
Governing Law, Jurisdiction, and Arbitration (Section 6): 
The phrase "the laws of the country in which You acquired the 
Program license" in the Governing Law subsection is replaced by the 
following:<br>
<br>
the laws of the State or Territory in which You acquired 
the Program license<br>
<br>
CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction, 
and Arbitration (Section 6): The phrase "the laws of the 
country in which You acquired the Program license" in the Governing 
Law subsection is replaced by the following:<br>
<br>
the laws of the State of New York, United States of America<br>
<br>
The following is added to this section:<br>
<br>
Arbitration<br>
<br>
Disputes arising out of or in connection with this 
Agreement shall be finally settled by arbitration which shall be held 
in Singapore in accordance with the Arbitration Rules of 
Singapore International Arbitration Center ("SIAC Rules") 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.<br>
<br>
The number of arbitrators shall be three, with each side to 
the dispute being entitled to appoint one arbitrator. The two 
arbitrators appointed by the parties shall appoint a third arbitrator 
who shall act as chairman of the proceedings. Vacancies in the 
post of chairman shall be filled by the president of the SIAC. 
Other vacancies shall be filled by the respective nominating 
party. Proceedings shall continue from the stage they were at when 
the vacancy occurred.<br>
<br>
If one of the parties refuses or otherwise fails to appoint 
an arbitrator within 30 days of the date the other party 
appoints its, the first appointed arbitrator shall be the sole 
arbitrator, provided that the arbitrator was validly and properly 
appointed.<br>
<br>
All proceedings shall be conducted, including all documents 
presented in such proceedings, in the English language. The English 
language version of this Agreement prevails over any other language 
version.<br>
<br>
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law, 
Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the 
country in which You acquired the Program license" in the Governing 
Law subsection is replaced by the following:<br>
<br>
the laws of Hong Kong Special Administrative Region of China<br>
<br>
INDIA: Limitation of Liability (Section 4): The following 
replaces the terms of items 1 and 2 of the first paragraph:<br>
<br>
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 You 
for the individual Program that is the subject of the claim.<br>
<br>
General (Section 5): The following replaces the terms of 
item 5:<br>
<br>
If no suit or other legal action is brought, within three 
years after the cause of action arose, in respect of any claim 
that either party may have against the other, the rights of the 
concerned party in respect of such claim will be forfeited and the 
other party will stand released from its obligations in respect 
of such claim.<br>
<br>
Governing Law, Jurisdiction, and Arbitration (Section 6): 
The following is added to this section:<br>
<br>
Arbitration<br>
<br>
Disputes arising out of or in connection with this 
Agreement shall be finally settled by arbitration which shall be held 
in Bangalore, India 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.<br>
<br>
The number of arbitrators shall be three, with each side to 
the dispute being entitled to appoint one arbitrator. The two 
arbitrators appointed by the parties shall appoint a third arbitrator 
who shall act as chairman of the proceedings. Vacancies in the 
post of chairman shall be filled by the president of the Bar 
Council of India. Other vacancies shall be filled by the respective 
nominating party. Proceedings shall continue from the stage they were 
at when the vacancy occurred.<br>
<br>
If one of the parties refuses or otherwise fails to appoint 
an arbitrator within 30 days of the date the other party 
appoints its, the first appointed arbitrator shall be the sole 
arbitrator, provided that the arbitrator was validly and properly 
appointed.<br>
<br>
All proceedings shall be conducted, including all documents 
presented in such proceedings, in the English language. The English 
language version of this Agreement prevails over any other language 
version.<br>
<br>
JAPAN: General (Section 5): The following is inserted after 
item 5:<br>
<br>
Any doubts concerning this Agreement will be initially 
resolved between us in good faith and in accordance with the 
principle of mutual trust.<br>
<br>
MALAYSIA: Limitation of Liability (Section 4): The word 
"SPECIAL" in item 2 of the third paragraph is deleted:<br>
<br>
NEW ZEALAND: No Warranty (Section 3): The following is 
added:<br>
<br>
Although IBM specifies that there are no warranties, You 
may have certain rights under the Consumer Guarantees Act 1993 
or other legislation which cannot be excluded or limited. The 
Consumer Guarantees Act 1993 will not apply in respect of any goods 
which IBM provides, if You require the goods for the purposes of 
a business as defined in that Act.<br>
<br>
Limitation of Liability (Section 4): The following is added:<br>
<br>
Where Programs are not acquired for the purposes of a 
business as defined in the Consumer Guarantees Act 1993, the 
limitations in this Section are subject to the limitations in that Act.<br>
<br>
PEOPLE'S REPUBLIC OF CHINA: Governing Law, Jurisdiction, 
and Arbitration (Section 6): The phrase "the laws of the 
country in which You acquired the Program license" in the Governing 
Law subsection is replaced by the following:<br>
<br>
the laws of the State of New York, United States of America 
(except when local law requires otherwise)<br>
<br>
PHILIPPINES: Limitation of Liability (Section 4): The 
following replaces the terms of item 2 of the third paragraph:<br>
<br>
2. special (including nominal and exemplary damages), 
moral, incidental, or indirect damages or for any economic 
consequential damages; or<br>
<br>
Governing Law, Jurisdiction, and Arbitration (Section 6): 
The following is added to this section:<br>
<br>
Arbitration<br>
<br>
Disputes arising out of or in connection with this 
Agreement shall be finally settled by arbitration which shall be held 
in Metro Manila, Philippines in accordance with the laws of 
the Philippines 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.<br>
<br>
The number of arbitrators shall be three, with each side to 
the dispute being entitled to appoint one arbitrator. The two 
arbitrators appointed by the parties shall appoint a third arbitrator 
who shall act as chairman of the proceedings. Vacancies in the 
post of chairman shall be filled by the president of the 
Philippine Dispute Resolution Center, Inc. Other vacancies shall be 
filled by the respective nominating party. Proceedings shall 
continue from the stage they were at when the vacancy occurred.<br>
<br>
If one of the parties refuses or otherwise fails to appoint 
an arbitrator within 30 days of the date the other party 
appoints its, the first appointed arbitrator shall be the sole 
arbitrator, provided that the arbitrator was validly and properly 
appointed.<br>
<br>
All proceedings shall be conducted, including all documents 
presented in such proceedings, in the English language. The English 
language version of this Agreement prevails over any other language 
version.<br>
<br>
SINGAPORE: Limitation of Liability (Section 4): The words 
"SPECIAL" and "ECONOMIC" are deleted from item 2 of the third 
paragraph.<br>
<br>
General (Section 5): The following replaces the terms of 
item 7:<br>
<br>
Subject to the rights provided to IBM's suppliers and 
Program developers as provided in Section 4 above (Limitation of 
Liability), a person who is not a party to this Agreement shall have no 
right under the Contracts (Right of Third Parties) Act to enforce 
any of its terms.<br>
<br>
EUROPE, MIDDLE EAST, AFRICA (EMEA)<br>
<br>
Rights in Data (Section 2): In EMEA, the following replaces 
the terms of this section in their entirety:<br>
<br>
You assign to IBM all rights, title, and interest 
throughout the world (including ownership of copyright) in any data, 
suggestions, and written materials that 1) is related to Your use of the 
Program and 2) You provide to IBM. Such assignment of rights 
includes, but is not limited to, assignment of the rights to prepare 
and have prepared derivative works of the written materials, 
and to use, have used, execute, reproduce, transmit, display, 
perform, transfer, distribute and license the written materials and 
such derivative works in any medium or distribution technology, 
and to grant others some or all of the rights granted herein, 
for the duration of all such rights, title and interest. If IBM 
requires it, You will sign an appropriate document to assign such 
rights. Neither party will charge the other for rights in data or 
any work performed as a result of this Agreement.<br>
<br>
No Warranty (Section 3): In the European Union, the 
following is added at the beginning of this section:<br>
<br>
In the European Union, consumers have legal rights under 
applicable national legislation governing the sale of consumer goods. 
Such rights are not affected by the provisions of this Section 3.<br>
<br>
Limitation of Liability (Section 4): In Austria, Denmark, 
Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden 
and Switzerland, the following replaces the terms of this 
section in its entirety:<br>
<br>
Except as otherwise provided by mandatory law:<br>
<br>
1. IBM's liability 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 IBM is at fault) or of such cause, for a maximum amount 
equal to the charges You paid for the Program.<br>
<br>
The above limitation shall not apply to damages for bodily 
injuries (including death) and damages to real property and tangible 
personal property for which IBM is legally liable.<br>
<br>
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM 
DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR 
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT 
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, 
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT 
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR 
ANTICIPATED SAVINGS. <br>
<br>
3. The limitation and exclusion of liability herein agreed 
applies not only to the activities performed by IBM but also to the 
activities performed by its suppliers and Program developers, and 
represents the maximum amount for which IBM as well as its suppliers 
and Program developers, are collectively responsible. <br>
<br>
Limitation of Liability (Section 4): In France and Belgium, 
the following replaces the terms of this section in its 
entirety: <br>
<br>
Except as otherwise provided by mandatory law:<br>
<br>
1. IBM's liability for any damages and losses that may 
arise as a consequence of the fulfillment of its obligations 
under or in connection with 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 IBM is at fault), for a maximum 
amount equal to the charges You paid for the Program that has 
caused the damages.<br>
<br>
The above limitation shall not apply to damages for bodily 
injuries (including death) and damages to real property and tangible 
personal property for which IBM is legally liable.<br>
<br>