IBM X.25 manual Liability

THESE

WARRANTIES GIVE YOU

SPECIFIC

LEGAL

RIGHTS AND

YOU

MAY

ALSO

HAVE

OTHER

RIGHTS

WHICH

VARY

FROM JURISDICTION

TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION

OR

LIMITATION

OF

EXPRESS

OR

IMPLIED

WARRANTIES,

SO

THE

ABOVE

EXCLUSION

OR

LIMITATION MAY

NOT

APPLY

TO

YOU.

IN

THAT

EVENT

SUCH

WARRANTIES

ARE

LIMITED

IN

DURATION

TO

THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT

PERIOD.

Limitation

of

Liability

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.

v