THESE WARRANTIES REPLACE ALL OTHER WARRAN- TIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIL- ITY 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 JURISDIC- TION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT SUCH WAR- RANTIES ARE LIMITED IN DURATION TO THE WAR- RANTY 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 (including negligence and misrepresentation), 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 fun- damental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable only for:
1Damages for bodily injury (including death) and damage to real property and tangible personal prop- erty; and
2The amount of any other actual direct damages or loss, up to the greater of US$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)
This warranty gives you specific legal rights and you may also have other rights which vary from jurisdic- tion to jurisdiction.
