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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 for no more than:
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, up to the greater
of $100,000 (or equivalent in local currency) or the charges (if
recurring, 12 months' charges apply) for the Machine that is the
subject of the claim.
This limit also applies to IBM's suppliers and your reseller. It is the
maximum for which IBM, its suppliers, and your reseller are collec-
tively responsible for.
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 INCI-
DENTAL DAMAGES, EVEN IF IBM, ITS SUPPLIERS OR YOUR
RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURIS-
DICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Appendix B. Product warranties and notices 133