IBM Brocade 4 Gb SAN Switch Module Installation Manual page 70

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.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS 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.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA
The provisions of this Statement of Limited Warranty replace any applicable
statutory warranties.
What this Warranty Covers: The following replaces the first sentence of the first
paragraph of this section:
The warranty for an IBM Machine covers the functionality of the Machine for
its normal use and the Machine's conformity to its Specifications.
The following paragraphs are added to this section:
The limitation period for consumers in action for breach of warranty is the
statutory period as a minimum. In case IBM or your reseller is unable to repair
an IBM Machine, you can alternatively ask for a partial refund as far as
justified by the reduced value of the unrepaired Machine or ask for a
cancellation of the respective agreement for such Machine and get your money
refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, IBM will reimburse you for the transportation
charges for the delivery of the failing Machine to IBM.
Limitation of Liability: The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty
will not apply to damages caused by IBM with fraud or gross negligence and
for express warranty.
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Brocade 4 Gb SAN Switch Module: Installation Guide