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Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable physical or
operating environment, improper maintenance by you, removal or alteration of Machine
or parts identification labels, or failure by a product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR CONDITIONS OR MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JU-
RISDICTION 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 THE 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 IBMs 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 Ma-
chine 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 FIRSTITEM LISTED ABOVE); 2) LOSS OF, OR DAM-
AGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDI-
RECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (IN-
CLUDING 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 DAM-
AGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
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