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Limitation of liability – IBM INFO PRINT 3000 User Manual

Page 17

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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.

Loss 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.

Statement of Limited Warranty

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