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Limitation of Liability: The following replaces the terms of this section in its
entirety:
For the purposes of this section, a "Default" means any act, statement, omission, or
negligence on the part of IBM in connection with, or in relation to, the subject matter
of this Statement of Limited Warranty in respect of which IBM is legally liable to
you, whether in contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated as one Default
occurring on the date of occurrence of the last such Default.
Circumstances may arise where, because of a Default, you are entitled to recover
damages from IBM.
This section sets out the extent of IBM's liability and your sole remedy.
1. IBM will accept unlimited liability for death or personal injury caused by the
2. Subject always to the Items for Which IBM is Not Liable below, IBM will
3. Except as provided in items 1 and 2 above, IBM's entire liability for actual
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above, under no
circumstances is IBM, its suppliers or resellers liable for any of the following, even if
IBM or they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
SLOVAKIA
Limitation of Liability: The following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited under §§ 373-386 of the
Slovak Commercial Code.
SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND
Limitation of Liability: The following is added to this section:
IBM's entire liability to you for actual damages arising in all situations involving
nonperformance by IBM in respect of the subject matter of this Statement of
Warranty will be limited to the charge paid by you for the individual Machine that is
the subject of your claim from IBM.
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IBM Eserver 325 Type 8835: Installation Guide
negligence of IBM.
accept unlimited liability for physical damage to your tangible property resulting
from the negligence of IBM.
damages for any one Default will not in any event exceed the greater of 1) EUR
125,000, or 2) 125% of the amount you paid for the Machine directly relating to
the Default.
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