IBM 05L1596 manual Any

IBM does not warrant uninterrupted or error-free operation of a Machine.

The

warranties

may

be

voided

by

misuse,

accident,

modification,

unsuitable

physical

or

operating

environment,

improper

maintenance

by

you,

removal

or

alteration

of

Machine

or

parts

identification

labels,

or

failure

caused

by

a

product

for

which

IBM

is

not

responsible.

THESE

WARRANTIES

REPLACE

ALL

OTHER

WARRANTIES

OR

CONDITIONS,

EXPRESS

OR

IMPLIED,

INCLUDING,

BUT

NOT

LIMITED

TO,

THE

IMPLIED

WARRANTIES

OR

CONDITIONS

OF

MERCHANTABILITY

AND

FITNESS

FOR

A

PARTICULAR

PURPOSE.

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:

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.

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.

Part 2: Appendixes 2-5