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fhf0mstr.book Page 32 Tuesday, April 20, 1999 10:39 AM
April 20, 1999 10:20 am
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION 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 THAT 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 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
C-32 EtherJet CardBus Ready Port Adapter with Modem
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