Lenovo PC 300PL Using your Personal Computer - PC300PL - 6562 - Page 127

Those Under The First Item Listed Above; 2 Loss Of, Or Damage To, Your

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IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. Any technical or other support provided for a Machine under warranty, such as assistance via telephone with "how-to" questions and those regarding Machine setup and installation, will be provided "AS IS" WITHOUT WARRANTIES OF ANY KIND. Neither IBM nor its reseller will be responsible for any of your confidential, proprietary or personal information contained in a Machine, which you return to IBM or its reseller for any reason. You should remove all such information from the Machine prior to its return. 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 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 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 SAVINGS), 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. Appendix B. Product Warranties, License Information, and Notices 113

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IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION
TO THE WARRANTY PERIOD.
NO WARRANTIES APPLY AFTER THAT PERIOD.
Any technical or other support provided for a Machine under warranty, such as assistance via telephone
with “how-to” questions and those regarding Machine setup and installation, will be provided “AS IS”
WITHOUT WARRANTIES OF ANY KIND.
Neither IBM nor its reseller will be responsible for any of your confidential, proprietary or personal
information contained in a Machine, which you return to IBM or its reseller for any reason.
You should
remove all such information from the Machine prior to its return.
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 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 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
SAVINGS), 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.
Appendix B.
Product Warranties, License Information, and Notices
113