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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), 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.
Trademarks
The following terms used in this publication, are trademarks of the IBM
Corporation in the United States or other countries:
• IBM HelpCenter
Windows NT, Windows 95 and Windows 98 are trademarks or registered
trademarks of Microsoft Corporation.
EiconCard S91, EiconCard S94, EiconCard P92, and EiconCard are trademarks
of Eicon Technology Corporation.
Other company, product, and service names, which may be denoted by a double
asterisk (**), may be trademarks or service marks of others.
Limitation of Liability
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