Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Misuse, accident, modification, unsuitable physical or operating environment, improper
maintenance by you, 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 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 of 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.
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