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THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER,
SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF
THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY
AFTER THAT PERIOD.
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the
above limitation may not apply to you.
Limitation of Warranty
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 ix