Misuse, accident, modification, unsuitable physical or operating envi-
ronment, improper maintenance by you, removal of product labels or
parts identification labels, or failure caused by a product for which
IBM is not responsible may void the warranties.
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 WAR-
RANTIES 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.
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