3.
Except
as
provided
in
items
1
and
2
above,
IBM’s
entire
liability
for
actual
damages
for
any
one
Default
will
not
in
any
event
exceed
the
greater
of
1)
EUR
125,000,
or
2)
125%
of
the
amount
you
paid
for
the
Machine
directly
relating
to
the
Default.
Items
for
Which
IBM
is
Not
Liable
Save
with
respect
to
any
liability
referred
to
in
item
1
above,
under
no
circumstances
is
IBM,
its
suppliers
or
resellers
liable
for
any
of
the
following,
even
if
IBM
or
they
were
informed
of
the
possibility
of
such
losses:
1.
loss
of,
or
damage
to,
data;
2.
special,
indirect,
or
consequential
loss;
or
3.
loss
of
profits,
business,
revenue,
goodwill,
or
anticipated
savings.
SLOVAKIA
Limitation
of
Liability:
The
following
is
added
to
the
end
of
the
last
paragraph:
The
limitations
apply
to
the
extent
they
are
not
prohibited
under
§§
373-386
of
the
Slovak
Commercial
Code.
SOUTH
AFRICA,
NAMIBIA,
BOTSWANA,
LESOTHO
AND
SWAZILAND
Limitation
of
Liability:
The
following
is
added
to
this
section:
IBM’s
entire
liability
to
you
for
actual
damages
arising
in
all
situations
involving
nonperformance
by
IBM
in
respect
of
the
subject
matter
of
this
Statement
of
Warranty
will
be
limited
to
the
charge
paid
by
you
for
the
individual
Machine
that
is
the
subject
of
your
claim
from
IBM.
UNITED
KINGDOM
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
For
the
purposes
of
this
section,
a
“Default”
means
any
act,
statement,
omission,
or
negligence
on
the
part
of
IBM
in
connection
with,
or
in
relation
to,
the
subject
matter
of
this
Statement
of
Limited
Warranty
in
respect
of
which
IBM
is
legally
liable
to
you,
whether
in
contract
or
tort.
A
number
of
Defaults
which
together
result
in,
or
contribute
to,
substantially
the
same
loss
or
damage
will
be
treated
as
one
Default.
Circumstances
may
arise
where,
because
of
a
Default,
you
are
entitled
to
recover
damages
from
IBM.
This
section
sets
out
the
extent
of
IBM’s
liability
and
your
sole
remedy.
1.
IBM
will
accept
unlimited
liability
for:
a.
death
or
personal
injury
caused
by
the
negligence
of
IBM;
and
b.
any
breach
of
its
obligations
implied
by
Section
12
of
the
Sale
of
Goods
Act
1979
or
Section
2
of
the
Supply
of
Goods
and
Services
Act
1982,
or
any
statutory
modification
or
re-enactment
of
either
such
Section.
2.
IBM
will
accept
unlimited
liability,
subject
always
to
the
Items
for
Which
IBM
is
Not
Liable
below,
for
physical
damage
to
your
tangible
property
resulting
from
the
negligence
of
IBM.
3.
IBM’s
entire
liability
for
actual
damages
for
any
one
Default
will
not
in
any
event,
except
as
provided
in
items
1
and
2
above,
exceed
the
greater
of
1)
Pounds
96
xSeries
445
Type
8870:
Installation
Guide
Summary of Contents for eServer 445 xSeries
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