IBM EXP15, Installation And User Handbook

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Product Warranties and Notices
The warranties may be voided by misuse, accident, modification, unsuitable physical
or operating environment, improper maintenance by you, removal or alteration of
Machine or parts identification labels, or failure caused by a product for which IBM
is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY
AFTER THAT PERIOD.
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part or other liability
you are entitled to recover damages from IBM. In each such instance, regardless of
the basis on which you are entitled to claim damages from IBM (including
fundamental breach, negligence, misrepresentation, or other contract or tort claim),
IBM is liable only for:
1. damages for bodily injury (including death) and damage to real property and
tangible personal property; and
2. the amount of any other actual direct damages or loss, up to the greater of U.S.
$100,000 or the charges (if recurring, 12 months' charges apply) for the Machine
that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES
OR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR
3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS
OR SAVINGS), EVEN IF IBM OR YOUR RESELLER IS INFORMED OF
THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
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IBM Netfinity EXP15 Installation and User's Handbook