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Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part (including
fundamental breach) or other liability (including negligence and
misrepresentation), you are entitled to recover damages from IBM. In each such
instance, regardless of the basis on which you are entitled to claim damages, IBM
is liable only for:
1. Bodily injury (including death), and damage to real property and tangible
personal property; and
2. The amount of any other actual loss or damage, up to the greater of $100,000 or
the charge 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. Economic consequential damages (including lost profits or savings) or
incidental damages, even if IBM is informed of their possibility.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights and you may also have other rights
which vary from jurisdiction to jurisdiction.
Statement of Limited Warranty xv