IBM 8835 - Eserver 325 - 1 GB RAM, User Manual

Page: 47 / 68

AUSTRIA, DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS,
PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND
Limitation of Liability: The following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
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 Statement of
Limited Warranty or due to any other cause related to this Statement of Limited
Warranty 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 Machine. For purposes
of this item, the term “Machine” includes Machine Code and Licensed Internal
Code (“LIC”).
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.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
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.
FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
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 Statement of
Limited Warranty 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 Machine that has caused the damages.
For purposes of this item, the term “Machine” includes Machine Code and
Licensed Internal Code (“LIC”).
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.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
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.
Appendix B. IBM Statement of Limited Warranty Z125-4753-07 11/2002
33