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一个好玩的用人脸控制鼠标的程序

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>
Governing Law, Jurisdiction, and Arbitration (Section 6)<br>
<br>
Governing Law<br>
<br>
The phrase "the laws of the country in which You acquired 
the Program license" is replaced by: <br>
1) "the laws of Austria" in Albania, Armenia, Azerbeijan, 
Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, 
Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, 
Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, 
Uzbekistan, and FR Yugoslavia; <br>
2) "the laws of France" in Algeria, Benin, Burkina Faso, 
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo 
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, 
French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-
Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, 
Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, 
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; <br>
3) "the laws of Finland" in Estonia, Latvia, and Lithuania; <br>
4) "the laws of England" in Angola, Bahrain, Botswana, 
Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, 
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, 
Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, 
Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, 
Yemen, Zambia, and Zimbabwe; and <br>
5) "the laws of South Africa" in South Africa, Namibia, 
Lesotho and Swaziland.<br>
<br>
Jurisdiction<br>
<br>
The following exceptions are added to this section:<br>
<br>
1) In Austria the choice of jurisdiction for all disputes 
arising out of this Agreement and relating thereto, including its 
existence, will be the competent court of law in Vienna, Austria 
(Inner-City); <br>
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, 
Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, 
Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi 
Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab 
Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes 
arising out of this Agreement or related to its execution, 
including summary proceedings, will be submitted to the exclusive 
jurisdiction of the English courts; <br>
3) in Belgium and Luxembourg all disputes arising out of 
this Agreement or related to its interpretation or its 
execution, the law, and the courts of the capital city, of the country 
of Your registered office and/or commercial site location only 
are competent; <br>
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape 
Verde, Central African Republic, Chad, Comoros, Congo Republic, 
Djibouti, Democratic Republic of Congo, Equatorial Guinea, French 
Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, 
Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, 
Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, 
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes 
arising out of this Agreement or related to its violation or 
execution, including summary proceedings, will be settled exclusively 
by the Commercial Court of Paris; <br>
5) in Russia all disputes arising out of or in relation to 
the interpretation, the violation, the termination, the nullity 
of the execution of this Agreement shall be settled by 
Arbitration Court of Moscow; <br>
6) in South Africa, Namibia, Lesotho and Swaziland both of 
us agree to submit all disputes relating to this Agreement to 
the jurisdiction of the High Court in Johannesburg; <br>
7) in Turkey all disputes arising out of or in connection 
with this Agreement shall be resolved by the Istanbul Central 
(Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic 
of Turkey; <br>
8) in each of the following specified countries, any legal 
claim arising out of this Agreement will be brought before, and 
settled exclusively by, the competent court of a) Athens for 
Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon 
for Portugal, and e) Madrid for Spain; and <br>
9) in the United Kingdom both of us agree to submit all 
disputes relating to this Agreement to the jurisdiction of the 
English courts. <br>
<br>
Arbitration <br>
<br>
In Albania, Armenia, Azerbeijan, Belarus, Bosnia-
Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, 
Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia, 
Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR 
Yugoslavia all disputes arising out of this Agreement or related to 
its violation, termination or nullity will be finally settled 
under the Rules of Arbitration and Conciliation of the 
International Arbitral Center of the Federal Economic Chamber in Vienna 
(Vienna Rules) by three arbitrators appointed in accordance with 
these rules. <br>
The arbitration will be held in Vienna, Austria, and the 
official language of the proceedings will be English. The decision 
of the arbitrators will be final and binding upon both 
parties. Therefore, pursuant to paragraph 598 (2) of the Austrian 
Code of Civil Procedure, the parties expressly waive the 
application of paragraph 595 (1) figure 7 of the Code. IBM may, 
however, institute proceedings in a competent court in the country 
of installation.<br>
<br>
In Estonia, Latvia and Lithuania all disputes arising in 
connection with this Agreement will be finally settled in arbitration 
that will be held in Helsinki, Finland in accordance with the 
arbitration laws of Finland then in effect. Each party will appoint one 
arbitrator. The arbitrators will then jointly appoint the chairman. If 
arbitrators cannot agree on the chairman, then the Central Chamber of 
Commerce in Helsinki will appoint the chairman.<br>
<br>
AUSTRIA: General (Section 5): The following is added to 
item 4:<br>
<br>
For purposes of this clause, contact information will also 
include information about You as a legal entity, for example 
revenue data and other transactional information.<br>
<br>
GERMANY: Limitation of Liability (Section 4): The following 
paragraph is added to this Section:<br>
<br>
The limitations and exclusions specified in this Section 
will not apply to damages caused by IBM intentionally or by 
gross negligence.<br>
<br>
General (Section 5): The following replaces the terms of 
item 5:<br>
<br>
Any claims resulting from this Agreement are subject to a 
statute of limitation of three years.<br>
<br>
HUNGARY: Limitation of Liability (Section 4): The following 
is added at the end of this section:<br>
<br>
The limitation and exclusion specified herein shall not 
apply to liability for a breach of contract damaging life, 
physical well-being, or health that has been caused intentionally, 
by gross negligence, or by a criminal act.<br>
<br>
The parties accept the limitations of liability as valid 
provisions and state that the Section 314.(2) of the Hungarian Civil 
Code applies as the acquisition price as well as other 
advantages arising out of the present Agreement balance this 
limitation of liability.<br>
<br>
IRELAND: No Warranty (Section 3): The following is added to 
this section:<br>
<br>
Except as expressly provided in these terms and conditions, 
or section 12 of the Sale of Goods Act 1893 (as amended by the 
Sale of Goods and Supply of Services Act 1980 ("the 1980 Act")), 
all conditions and warranties (express or implied, statutory or 
otherwise) are hereby excluded including, without limitation, any 
warranties implied by the Sale of Goods Act 1893 as amended by the 
1980 Act (including, for the avoidance of doubt, section 39 of 
the 1980 Act).<br>
<br>
Limitation of Liability (Section 4): The following replaces 
the terms of this section in its entirety:<br>
<br>
For the purposes of this section, a "Default" means any 
act, statement, omission, or negligence on the part of IBM in 
connection with, or in relation to, the subject matter of an Agreement 
in respect of which IBM is legally liable to You whether in 
contract or tort. A number of Defaults which together result in, or 
contribute to, substantially the same loss or damage will be treated 
as one Default occurring on the date of occurrence of the last 
such Default.<br>
<br>
Circumstances may arise where, because of a Default, You 
are entitled to recover damages from IBM. This section sets out 
the extent of IBM's liability and Your sole remedy.<br>
<br>
1. IBM will accept unlimited liability for (a) death or 
personal injury caused by the negligence of IBM, and (b) subject 
always to the Items for Which IBM is Not Liable below, for 
physical damage to Your tangible property resulting from the 
negligence of IBM.<br>
<br>
2. Except as provided in item 1 above, IBM's entire 
liability for actual damages for any one Default will not in any 
event exceed the greater of 1) EUR 125,000, or 2) 125% of the 
amount You paid for the Program directly relating to the Default. 
These limits also apply to any of IBM's suppliers and Program 
developers. They state the maximum for which IBM and such suppliers and 
Program developers are collectively responsible.<br>
<br>
Items for Which IBM is Not Liable<br>
<br>
Save with respect to any liability referred to in item 1 
above, under no circumstances is IBM or any of its suppliers or 
Program developers liable for any of the following, even if IBM or 
they were informed of the possibility of such losses:<br>
<br>
1. loss of, or damage to, data;<br>
<br>
2. special, indirect, or consequential loss; or<br>
<br>
3. loss of profits, business, revenue, goodwill, or 
anticipated savings.<br>
<br>
ITALY: General (Section 5): The following is added to this 
section:<br>
<br>
IBM and Customer (hereinafter, individually, "Party") shall 
comply with all the obligations of the applicable provisions of 
law and/or regulation on personal data protection. Each of the 
Parties will indemnify and keep the other Party harmless from any 
damage, claim, cost or expense incurred by the latter, directly and 
or indirectly, as a consequence of an infringement of the 
other Party of the mentioned provisions of law and/or 
regulations. <br>
<br>
SLOVAKIA: Limitation of Liability (Section 4): The 
following is added to the end of the last paragraph:<br>
<br>
The limitations apply to the extent they are not prohibited 
under Ё 373-386 of the Slovak Commercial Code.<br>
<br>
General (Section 5): The terms of item 5 are replaced with 
the following:<br>
<br>
THE PARTIES AGREE THAT, AS DEFINED BY APPLICABLE LOCAL LAW, 
ANY LEGAL OR OTHER ACTION RELATED TO A BREACH OF THIS AGREEMENT 
MUST BE COMMENCED NO LATER THAN FOUR YEARS FROM THE DATE ON 
WHICH THE CAUSE OF ACTION AROSE.<br>
<br>
SWITZERLAND: General (Section 5): The following is added to 
item 4:<br>
<br>
For purposes of this clause, contact information will also 
include information about You as a legal entity, for example 
revenue data and other transactional information.<br>
<br>
UNITED KINGDOM: No Warranty (Section 3): The following 
replaces the first sentence in the first paragraph of this section:<br>
<br>
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE 
EXCLUDED, IBM MAKES NO WARRANTY OR CONDITION EITHER EXPRESS OR 
IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF 
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT, REGARDING THE PROGRAM.<br>
<br>
Limitation of Liability (Section 4): The following replaces 
the terms of this section in its entirety: <br>
<br>
For the purposes of this section, a "Default" means any 
act, statement, omission, or negligence on the part of IBM in 
connection with, or in relation to, the subject matter of an Agreement 
in respect of which IBM is legally liable to You, whether in 
contract or tort. A number of Defaults which together result in, or 
contribute to, substantially the same loss or damage will be treated 
as one Default.<br>
<br>
Circumstances may arise where, because of a Default, You 
are entitled to recover damages from IBM. This section sets out 
the extent of IBM's liability and Your sole remedy.<br>
<br>
1. IBM will accept unlimited liability for:<br>
<br>
a. death or personal injury caused by the negligence of 
IBM; <br>
<br>
b. any breach of its obligations implied by Section 12 of 
the Sale of Goods Act 1979 or Section 2 of the Supply of Goods 
and Services Act 1982, or any statutory modification or re-
enactment of either such Section; and<br>
<br>
c. subject always to the Items for Which IBM is Not Liable 
below, for physical damage to Your tangible property resulting 
from the negligence of IBM.<br>
<br>
2. IBM's entire liability for actual damages for any one 
Default will not in any event, except as provided in item 1 above, 
exceed the greater of 1)