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.
Notices
References in this publication to IBM products, programs, or services do not imply that IBM
intends to make these available in all countries in which IBM operates. Any reference to an IBM
product, program, or service is not intended to state or imply that only that IBM product,
program, or service may be used. Subject to IBM’s valid intellectual property or other legally
protectable rights, any functionally equivalent product, program, or service may be used instead
of the IBM product, program, or service. The evaluation and verification of operation in
conjunction with other products, except those expressly designated by IBM, are the responsibility
of the user.
IBM may have patents or pending patent applications covering subject matter in this document.
The furnishing of this document does not give you any license to these patents. You can send
license inquiries, in writing, to:
IBM Director of Licensing
IBM Corporation
500 Columbus Avenue
Thornwood, NY 10594
U.S.A.
Any references in this publication to non-IBM Web sites are provided for convenience only and
do not in any manner serve as an endorsement of those Web sites. The materials at those Web
sites are not part of the materials for this IBM product and use of those Web sites is at your own
risk.
Part 2: Appendixes 2-3
