Limitation
of
Liability
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), IBM is liable only for:
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 or loss, up
to
the greater
of
U.S. $100,000 or the charges (if recurring,
12
months' charges apply) 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) SPECIAL, INCIDENTAL,
OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS
OR
SA VINOS), EVEN IF IBM OR YOUR RESELLER IS INFORMED
OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION
OR LIMITATION MAY NOT APPLY TO YOU.
52 5250 Express Hardware Manual
Data Security
As
with any information system, inadvertent errors may occur and
information may be misused. We suggest that when processing
sensitive or highly valuable information, you take steps
to
ensure that
your data and programs are protected from accidental or unauthorized
disclosure, modification, destruction, or misuse. Simple measures,
such as removing diskettes when not in use, keeping backup copies
of
valuable information, or installing the equipment in a secure facility,
can go a long way to maintain the integrity and privacy
of
your
information.
Installation Program Copyright
The installation program used
to
install the IBM 5250 Express
Installation Program, wlNSTALL, is licensed software provided by
Knowledge Dynamics Corp., P.O. Box 780068, San Antonio, Texas
78278 (USA). w/NSTALL is Copyright© 1987-1996 by Knowledge
Dynamics Corp., which reserves all copyright protection worldwide.
wlNSTALL is provided to you for the exclusive purpose
of
installing
the IBM 5250 Express Installation Program. IBM is exclusively
responsible for the support
of
the IBM 5250 Express Installation
Program, including support during the installation phase. In no event
will Knowledge Dynamics Corp. provide any technical support for the
IBM 5250 Express Installation Program.
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