IBM ATM OC-3c - Manual (Page 124)

F-4 A PPENDIX F: N OTICES , T RADEMARKS , AND W ARRANTIES
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:
1 Damages for bodily injury (including death) and
damage to real property and tangible personal prop-
erty; and
2 The 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) 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 CONSEQUEN-
TIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights and you
may also have other rights which vary from jurisdic-
tion to jurisdiction.