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Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its
obligations under or in connection with this Statement of Limited Warranty or due to any other
cause related to this Statement of Limited Warranty is limited to the compensation of only those
damages and losses proved and actually arising as an immediate and direct consequence of the
non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount
equal to the charges you paid for the Machine. For purposes of this item, the term “Machine”
includes Machine Code and Licensed Internal Code (“LIC”).
The above limitation shall not apply to damages for bodily injuries (including death) and damages
to real property and tangible personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS LIABLE
FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1)
LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF
THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL,
OR ANTICIPATED SAVINGS.
FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its
obligations under or in connection with this Statement of Limited Warranty is limited to the
compensation of only those damages and losses proved and actually arising as an immediate and
direct consequence of the non-fulfillment of such obligations (if IBM is at fault), for a maximum
amount equal to the charges you paid for the Machine that has caused the damages. For purposes of
this item, the term “Machine” includes Machine Code and Licensed Internal Code (“LIC”).
The above limitation shall not apply to damages for bodily injuries (including death) and damages
to real property and tangible personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS LIABLE
FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1)
LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR
FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF
THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL,
OR ANTICIPATED SAVINGS.
THE FOLLOWING TERMS APPLY TO THE
COUNTRY SPECIFIED:
AUSTRIA
The provisions of this Statement of Limited Warranty replace any applicable statutory
warranties.
What this Warranty Covers: The following replaces the first sentence of the first paragraph of this
section:
The warranty for an IBM Machine covers the functionality of the Machine for its normal use and the
Machine's conformity to its Specifications.
The following paragraphs are added to this section: