LIMITATION
OF
REMEDIES:
Your
sole remedy
under
this State-
ment
of
Limited
Warranty
is set forth
in
this Section.
IBM
or
an
IBM
Authorized Dealer shall provide warranty service for this Product.
For
any
claim concerning performance
or
nonperformance by IBM
or
an
IBM Authorized Dealer for this
Product
under this Statement
of
Limited Warranty,
you
may recover actual damages
up
to
the limit set
forth
in
the following paragraph.
The limit
of
IBM's
liability for actual damages
to
you for
an
individual
event based
on
any cause whatsoever shall be the greater
of
l)
$5,000
or
2) the
amount
you
paid
for the
Product
which caused the damages.
This limitation
of
liability will
not
apply
to
claims for personal injury
or
damage to real property
or
tangible personal property for which
IBM
is legally liable.
In
no
event will
IBM
be liable to you for any
damages caused by your failure
to
fulfill your responsibilities under
this Statement
of
Limited Warranty.
In
no
event is
IBM
liable for
any
lost profits, lost savings,
or
other economic consequential damages.
This is true even
if
you advised
IBM,
an
IBM
Authorized Dealer
or
any
other
IBM
approved Reseller for this
Product
of
the possibility
of
such damages.
IBM
is
not
liable for any claim by
you
based
on
any
third
party
claim.
Some states
do
not
allow the exclusion
or
limitation
of
economic con-
sequential damages. Therefore, the above limitation
or
exclusion may
not
apply
to
you.
vi
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