Extent of Warranty: IBM does not warrant uninterrupted or error-free operation of a Machine.
Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by
you, or failure caused by a product for which IBM is not responsible may void the warranties.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT
PERIOD.
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you.
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.
viii Getting Started
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