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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 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.
Notices
References in this publication to IBM products, programs, or services do not
imply that IBM intends to make these available in all countries in which IBM
operates. Any reference to an IBM product, program, or service is not intended
to state or imply that only that IBM product, program, or service may be used.
Subject to IBM’s valid intellectual property or other legally protectable rights,
any functionally equivalent product, program, or service may be used instead of
the IBM product, program, or service. The evaluation and verification of
operation in conjunction with other products, except those expressly designated
by IBM, are the responsibility of the user.
IBM may have patents or pending patent applications covering subject matter in
this document. The furnishing of this document does not give you any license
to these patents. You can send license inquiries, in writing, to:
IBM Director of Licensing
IBM Corporation
500 Columbus Avenue
Thornwood, NY 10594
U.S.A.
Trademarks
The following terms are trademarks of the IBM Corporation in the United
States or other countries or both:
IBM
OS/2
OS/2 Warp v3
OS/2 Warp v4
PlayAtWill
3-18 20X Max Portable CD-ROM Drive