IBM Serial I/O SST-8P Installation Guide
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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;
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 POSSIBIL-
ITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLU-
SION OR LIMITATION MAY NOT APPLY TO YOU.
Trademarks
The following terms used in this publication, are Trademarks of the
IBM Corporation in the United States or other countries:
•
IBM HelpCenter
Windows NT, Windows95 and Windows98 are Trademarks or
Registered Trademarks of Microsoft Corporation.
Equinox is a Registered Trademark of Equinox Systems, Inc.
Other company, product, and service names, which may be denoted by
a double asterisk (**), may be trademarks or service marks of others.
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