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IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable
physical or operating environment, improper maintenance by you, removal or
alteration of Machine or parts identification labels, or failure caused by a
product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
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.
Part 2: Appendixes 2-5