IBM M400 User Manual

Page 70

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 or due to any other cause related to 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) or of such cause, for a maximum amount

equal to the charges you paid for the Machine. 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.

FRANCE AND BELGIUM

Limitation of Liability: The following replaces ther 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″).