IBM 3270 Quick Reference page 8

LIMITATION OF REMEDIES:
Your sole remedy under this State-
ment of Limited Warranty is set forth in this Section. IBM or an IBM
Authorized Dealer shall provide warranty service for this Product. For
any claim concerning performance or nonperformance by IBM or an
IBM Authorized Dealer for this Product under this Statement of
Limited Warranty, you may recover actual damages up to the limit set
forth in the following paragraph.
The limit of
IBM's
liability for actual damages to you for an individual
event based on any cause whatsoever shall be the greater of l) $5,000
or 2) the amount you paid for the Product which caused the damages.
This limitation of liability will not apply to claims for personal injury
or damage to real property or tangible personal property for which
IBM is legally liable. In no event will IBM be liable to you for any
damages caused by your failure to fulfill your responsibilities under
this Statement of Limited Warranty. In no event is IBM liable for any
lost profits, lost savings, or other economic consequential damages.
This is true even if you advised
IBM,
an IBM Authorized Dealer or
any other IBM approved Reseller for this Product of the possibility of
such damages. IBM is not liable for any claim by you based on any
third party claim.
Some states do not allow the exclusion or limitation of economic con-
sequential damages. Therefore, the above limitation or exclusion may
not apply to you.
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