and Licensed Internal Code (″LIC″).
The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
2.UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA
The provisions of this Statement of Limited Warranty replace any applicable statutory warranties.
What this Warranty Covers: The following replaces the first sentence of the first paragraph of this section:
The warranty for an IBM Machine covers the functionality of the Machine for its normal use and the Machine’s conformity to its Specifications.
The following paragraphs are added to this section:
The limitation period for consumers in action for breach of warranty is the statutory period as a minimum. In case IBM or your reseller is unable to repair an IBM Machine, you can alternatively ask for a partial refund as far as justified by the reduced value of the unrepaired Machine or ask for a cancellation of the respective agreement for such Machine and get your money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section: During the warranty period, IBM will reimburse you for the transportation charges for the delivery of the failing Machine to IBM.
Limitation of Liability: The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty will not apply to damages caused by IBM with fraud or gross negligence and for express warranty.
The following sentence is added to the end of item 2:
IBM’s liability under this item is limited to the violation of essential contractual terms in cases of ordinary negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this section:
as to any other actual direct damages, IBM’s liability will be limited to the total amount you paid for the Machine that is the subject of the claim. For purposes of this item, the term ″Machine″ includes Machine Code and Licensed Internal Code (″LIC″).
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first paragraph of this section:
In such instances, regardless of the basis on which you are entitled to claim damages from IBM, IBM is liable for no more than: (items 1 and 2 unchanged).
Appendix E. IBM Statement of Limited Warranty