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Limitation of Liability: The following replaces item 2 in this Section:
as to any other actual direct damages, IBM's liability will be limited to the total amount
you paid for the Machine that is the subject of the claim. For purposes of this item, the
term "Machine" includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first para-
graph of this Section:
In such instances, regardless of the basis on which you are entitled to claim damages
from IBM, IBM is liable for no more than: (items 1 and 2 unchanged).
IRELAND
Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions,
including all warranties implied, but without prejudice to the generality of the foregoing
all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply
of Services Act 1980 are hereby excluded.
Limitation of Liability: The following replaces items one and two of the first para-
graph of this Section:
1. death or personal injury or physical damage to your real property solely caused by
IBM's negligence; and
2. the amount of any other actual direct damages, up to 125 percent of the charges (if
recurring, the 12 months' charges apply) for the Machine that is the subject of the
claim or which otherwise gives rise to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of
any default shall be limited to damages.
ITALY
Limitation of Liability: The following replaces the second sentence in the first para-
graph:
In each such instance unless otherwise provided by mandatory law, IBM is liable for
no more than:
1. (unchanged)
2. as to any other actual damage arising in all situations involving nonperformance by
IBM pursuant to, or in any way related to the subject matter of this Statement of War-
ranty, IBM's liability, will be limited to the total amount you paid for the Machine that is
the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the third paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller are not liable for
any of the following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM or
your reseller is informed of their possibility.
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 non-
performance by IBM in respect of the subject matter of this Statement of Warranty will
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IBM® xSeries 340 HA Cluster: Installation Guide
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