IBM SSA 32H3816 User Manual

Page 82

D.1.5 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.

SSA RAID Adapter Installation and User's Guide.

Limitation of Liability

D.1.5 - 1