Product Warranties
Appendix E. Product Warranties and Notices E-3
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part (including fundamental breach) 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, IBM is liable only for:
1. bodily injury (including death), and damage to real property and tangible personal property; and
2. the amount of any other actual loss or damage, up to the greater of $100,000 or the charge 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. Ioss of, or damage to, your records or data; or
3. economic consequential damages (including lost profits or savings) or incidental damages, even if IBM is informed of their
possibility.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
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