Part 2 - Worldwide Country-Unique Terms - IBM OPTIONS Rapid Access Guide De L'utilisateur

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Each IBM Machine is manufactured from new parts, or new and used parts. In

some cases, the Machine may not be new and may have been previously

installed. Regardless of the Machine's production status, IBM's appropriate

warranty terms apply.

Limitation de responsabilité

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 equivalent in local currency) or the charges (if recurring, 12

months' charges apply) for the Machine that is the subject of the claim.

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 LIABLE FOR ANY OF THE

FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR 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, ITS SUPPLIERS OR YOUR RESELLER IS

INFORMED OF THEIR POSSIBILITY. CERTAINES LEGISLATIONS

N'AUTORISANT PAS LA LIMITATION OU L'EXCLUSION DE

DOMMAGES INDIRECTS OU SPECIAUX, IL EST POSSIBLE QUE LES

LIMITATIONS OU EXCLUSIONS QUI PRECEDENT NE VOUS SOIENT

PAS APPLICABLES.