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IBM Nortel 10 User Manual

Page 67

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The

above

limitation

shall

not

apply

to

damages

for

bodily

injuries

(including

death)

and

damages

to

real

property

and

tangible

personal

property

for

which

IBM

is

legally

liable.

2.

UNDER

NO

CIRCUMSTANCES

IS

IBM,

ITS

SUPPLIERS

OR

RESELLERS

LIABLE

FOR

ANY

OF

THE

FOLLOWING,

EVEN

IF

INFORMED

OF

THEIR

POSSIBILITY:

1)

LOSS

OF,

OR

DAMAGE

TO,

DATA;

2)

INCIDENTAL

OR

INDIRECT

DAMAGES,

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

3)

LOST

PROFITS,

EVEN

IF

THEY

ARISE

AS

AN

IMMEDIATE

CONSEQUENCE

OF

THE

EVENT

THAT

GENERATED

THE

DAMAGES;

OR

4)

LOSS

OF

BUSINESS,

REVENUE,

GOODWILL,

OR

ANTICIPATED

SAVINGS.

FRANCE

AND

BELGIUM

Limitation

of

Liability:

The

following

replaces

the

terms

of

this

section

in

its

entirety:

Except

as

otherwise

provided

by

mandatory

law:

1.

IBM’s

liability

for

any

damages

and

losses

that

may

arise

as

a

consequence

of

the

fulfillment

of

its

obligations

under

or

in

connection

with

this

Statement

of

Limited

Warranty

is

limited

to

the

compensation

of

only

those

damages

and

losses

proved

and

actually

arising

as

an

immediate

and

direct

consequence

of

the

non-fulfillment

of

such

obligations

(if

IBM

is

at

fault),

for

a

maximum

amount

equal

to

the

charges

you

paid

for

the

Machine

that

has

caused

the

damages.

For

purposes

of

this

item,

the

term

“Machine”

includes

Machine

Code

and

Licensed

Internal

Code

(“LIC”).

The

above

limitation

shall

not

apply

to

damages

for

bodily

injuries

(including

death)

and

damages

to

real

property

and

tangible

personal

property

for

which

IBM

is

legally

liable.

2.

UNDER

NO

CIRCUMSTANCES

IS

IBM,

ITS

SUPPLIERS

OR

RESELLERS

LIABLE

FOR

ANY

OF

THE

FOLLOWING,

EVEN

IF

INFORMED

OF

THEIR

POSSIBILITY:

1)

LOSS

OF,

OR

DAMAGE

TO,

DATA;

2)

INCIDENTAL

OR

INDIRECT

DAMAGES,

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

3)

LOST

PROFITS,

EVEN

IF

THEY

ARISE

AS

AN

IMMEDIATE

CONSEQUENCE

OF

THE

EVENT

THAT

GENERATED

THE

DAMAGES;

OR

4)

LOSS

OF

BUSINESS,

REVENUE,

GOODWILL,

OR

ANTICIPATED

SAVINGS.

THE

FOLLOWING

TERMS

APPLY

TO

THE

COUNTRY

SPECIFIED:

AUSTRIA

The

provisions

of

this

Statement

of

Limited

Warranty

replace

any

applicable

statutory

warranties.

Appendix

A.

IBM

Statement

of

Limited

Warranty

Z125-4753-08

04/2004

57