Appendix C. Notices - IBM ThinkPad 390 User Manual

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.

Appendix C. Notices

References in this publication to IBM products, programs, or services
do not imply that IBM intends to make these available in all countries
in which IBM operates. Any reference to an IBM product, program,
or service is not intended to state or imply that only that IBM product,
program, or service may be used. Any functionally equivalent
product, program, or service that does not infringe any of the
intellectual property rights of IBM may be used instead of the IBM
product, program, or service. The evaluation and verification of
operation in conjunction with other products, except those expressly
designated by IBM, are the responsibility of the user.
IBM may have patents or pending patent applications covering subject
matter in this document. The furnishing of this document does not
give you any license to these patents. You can send license inquiries,
in writing, to the IBM Director of Licensing, IBM Corporation, 500
Columbus Avenue, Thornwood, NY 10594, U.S.A.
Trademarks
The following terms are trademarks of the IBM Corporation in the
United States or other countries or both:
IBM
ThinkPad
Appendix B. Product warranty
2-5