IBM THINKPAD 390 manual Liability

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.

Limitation

of

liability

Appendix C.

Notices

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

References

in

this publication

to

IBM

products,

programs,

or

services

(including

fundamental

breach,

negligence,

misrepresentation,

or

other

contract

do

not

imply

that

IBM

intends

to

make

these

available

in

all

countries

or tort

claim),

IBM

is

liable

only

for:

in

which

IBM

operates.

Any

reference to

an

IBM

product,

program,

1.

damages

for

bodily

injury

(including

death)

and

damage

to

real

property

or

service

is

not

intended

to

state

or

imply

that

only

that IBM product,

and

tangible

personal

property;

and

program,

or

service

may

be

used.

Any

functionally

equivalent

2.

the

amount

of any

other

actual

direct

damages

or

loss,

up

to

the

greater

ofproduct,

program,

or

service

that

does

not

infringe

any

of

the

U.S.

$100,000

or

the

charges

(if

recurring,

12

months' charges

apply) for

intellectual

property

rights

of

IBM

may

be

used

instead

of

the

IBM

the

Machine

that

is

the

subject

of

the

claim.

product,

program,

or

service.

The

evaluation

and

verification

of

UNDER

NO

CIRCUMSTANCES

IS

IBM

LIABLE FOR

ANY

OF

operation

in

conjunction

with

other

products,

except

those

expressly

designated

by

IBM,

are

the

responsibility

of the

user.

THE

FOLLOWING:

1.

THIRD-PARTY

CLAIMS

AGAINST

YOU

FOR

LOSSES

OR

IBM

may

have

patents

or

pending

patent

applications

covering

subject

DAMAGES

(OTHER

THAN

THOSE

UNDER

THE

FIRST

matter

in

this

document. The

furnishing

of

this

document

does

not

ITEM

LISTED

ABOVE);

give

you any

license

to

these

patents.

You

can

send

license

inquiries,

2.

LOSS

OF,

OR

DAMAGE

TO,

YOUR

RECORDS OR

DATA;

in

writing,

to

the

IBM

Director

of

Licensing,

IBM

Corporation,

500

Columbus

Avenue,

Thornwood,

NY

10594,

U.S.A.

OR

Appendix B. Product warranty 2-5