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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), except for any liability that cannot be waived or limited by
applicable laws, IBM is liable for no more than:
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, up to the charges (if
recurring, 12 months' charges apply) for the Machine that is subject of the
claim. 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.
UNDER NO CIRCUMSTANCES IS IBM OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD
PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE
UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE
TO, DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS,
BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in
which you acquired the Machine to govern, interpret, and enforce all of your
and IBM's rights, duties, and obligations arising from, or relating in any
manner to, the subject matter of this Statement of Limited Warranty, without
regard to conflict of law principles.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE OR JURISDICTION TO JURISDICTION.
Jurisdiction
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
37
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