Limitation of Liability
IBM is responsible for loss of, or damage to, your Machine only while it is 1)
in IBM’s possession or 2) in transit in those cases where IBM is responsible for
the transportation charges.
Neither IBM nor your reseller are responsible for any of your confidential,
proprietary or personal information contained in a Machine which you return
to IBM for any reason. You should remove all such information from the
Machine prior to its return.
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), except for any liability that cannot be waived or
limited by applicable laws, IBM is liable for no more than
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, up to the charges (if
recurring, 12 months’ charges apply) for the Machine that is subject of the
claim. For purposes of this item, the term ″Machine″ includes Machine
Code and Licensed Internal Code (″LIC″).
This limit also applies to IBM’s suppliers and your reseller. It is the maximum
for which IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR
DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS, BUSINESS
REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in
which you acquired the Machine to govern, interpret, and enforce all of your
50 ThinkPad
®
T40 Series Service and Troubleshooting Guide
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