Preface
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THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part
(including fundamental breach) or other liability (including negligence and
misrepresentation), you are entitled to recover damages from IBM. In each
such instance, regardless of the basis on which you are entitled to claim
damages, IBM is liable only for:
1.
bodily injury (including death), and damage to real property and
tangible personal property; and
2.
the amount of any other actual loss or damage, up to the greater of
$100,000 or the charge 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.
economic consequential damages (including lost profits or savings) or
incidental damages, even if IBM is informed of their possibility.
Some jurisdictions do not allow the exclusion or limitation or incidental or
consequential damages, so the above limitation or exclusion may not apply
to you.
This warranty gives you specific legal rights and you may also have other
rights which vary from jurisdiction to jurisdiction.
