IBM Professional Series User Manual page 420

designed. If you believe that there is a de-
fect in a warranted program such that it
does not meet its specification, you must
notify IBM within the warranty period and
in the manner set forth in the program
specifications.
ALL OTHER PROGRAMS ARE PRO-
VIDED 'AS IS' WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IM-
PLIED. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU
(AND NOT IBM OR AN IBM AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
IBM does not warrant that the functions
contained in any program will meet your
requirements or that the operation of the
program will be uninterrupted or error free
or that program defects will be corrected.
THE FOREGOING WARRANTIES ARE
IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WAR-
RANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
LIMITATION OF REMEDIES
IBM's entire liability and your exclusive
remedy shall be as follows:
1. With respect to defective media during
the warranty period:
a. IBM will replace media not meeting
IBM's 'Limited Warranty' if returned
to IBM or an IBM authorized repre-
sentative with a copy of your receipt.
b. In the alternative, if IBM or such IBM
authorized representative is unable
to deliver replacement media free of
defects in materials and workman-
ship, you may terminate this Agree-
ment by returning the program and
your money will be refunded.
2. With respect to warranted programs, in
all situations involving performance or
nonperformance during the warranty
period, your remedy is (a) the correction
or bypass by IBM of program defects,
or (b) if, after repeated efforts, IBM is
unable to make the program operate as
warranted, you shall be entitled to a re-
fund of the money paid or to recover
actual damages to the limits set forth
below.
IN NO EVENT WILL IBM BE LIABLE
TO YOU FOR ANY LOST PROFITS,
LOST SAVINGS OR OTHER INCIDEN-
TAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR IN-
ABILITY TO USE ANY PROGRAM
EVEN IF IBM OR AN IBM AUTHOR-
IZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CON-
SEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
IBM's liability to you for actual damages
for any cause whatsoever, and regardless
of the form of action, shall be limited to the
greater of $5,000 or the money paid for the
program that caused the damages or that
is the subject matter of, or is directly relat-
ed to, the cause of action.
SERVICE
Service from IBM, if any, will be described
in program specifications or in the state-
ment of service, supplied with the pro-
gram, if there are no program specifica-
tions.
IBM may also offer separate services
under separate agreement for a fee.
GENERAL
Any attempt to sublicense, rent or lease,
or, except as expressly provided for in this
Agreement, to transfer any of the rights,
duties or obligations hereunder is void.
This Agreement will be construed under
the Uniform Commercial Code of the State
of New York.