IBM BNT Installation Manual page 70

FRANCE AND BELGIUM
Limitation of Liability:
The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
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BNT Virtual Fabric 10Gb Switch Module: Installation Guide
a. IBM's liability for any damages and losses that may arise as a consequence of the
fulfillment of its obligations under or in connection with this Statement of Limited
Warranty or due to any other cause related to this Statement of Limited Warranty
is limited to the compensation of only those damages and losses proved and
actually arising as an immediate and direct consequence of the non-fulfillment of
such obligations (if IBM is at fault) or of such cause, for a maximum amount equal
to the charges you paid for the Machine. For purposes of this item, the term
"Machine" includes Machine Code and Licensed Internal Code ("LIC").
The above limitation shall not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which IBM
is legally liable.
b. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF
THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE,
GOODWILL, OR ANTICIPATED SAVINGS.
a. IBM's liability for any damages and losses that may arise as a consequence of the
fulfillment of its obligations under or in connection with this Statement of Limited
Warranty is limited in the aggregate to the compensation of only those damages
and losses proved and actually arising as an immediate and direct consequence of
the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount
equal to the charges you paid for the Machine that has caused the damages. For
purposes of this item, the term "Machine" includes Machine Code and Licensed
Internal Code ("LIC").
This limit also applies to IBM's suppliers, subcontractors, and resellers. It is the
maximum for which IBM and its suppliers, subcontractors and resellers are
collectively responsible.
The above limitation shall not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which IBM
is legally liable.
b. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF
THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE,
GOODWILL, OR ANTICIPATED SAVINGS.