IBM M400 - Manual (Page 62)

Neither IBM nor your reseller are responsible for any of your confidential, proprietary
or personal information contained in a Machine which you return to IBM for any
reason. You should remove all such information from the Machine prior to its return.
Circumstances may arise where, because of a default on IBM’s part or other liability,
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
fundamental breach, negligence, misrepresentation, or other contract or tort claim),
except for any liability that cannot be waived or limited by applicable laws, IBM is
liable for no more than
1. damages for bodily injury (including death) and damage to real property and
tangible personal property; and
2. the amount of any other actual direct damages, up to the charges (if recurring, 12
months’ charges apply) for the Machine that is subject of the claim. For purposes
of this item, the term
″Machine″ includes Machine Code and Licensed Internal
Code (
″LIC″).
This limit also applies to IBM’s suppliers and your reseller. It is the maximum for
which IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS
OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT
DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 4)
LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED
SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in which
you acquired the Machine to govern, interpret, and enforce all of your and IBM’s
rights, duties, and obligations arising from, or relating in any manner to, the subject
matter of this Statement of Limited Warranty, without regard to conflict of law
principles.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the country in
which you acquired the Machine.
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IBM M400 PROJECTOR: User’s Guide