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.
