IBM VXA-320 User Manual

Consumers have legal rights under applicable national legislation governing thesale of consumer goods. Such rights are not affected by the warranties provided inthis Statement of Limited Warranty.AUSTRIA, DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS,NORWAY, PORTUGAL, SPAIN, SWEDEN AND SWITZERLANDLimitation of Liability: The following replaces the terms of this section in its entirety:Except as otherwise provided by mandatory law:1. IBM’s liability for any damages and losses that may arise as a consequence ofthe fulfillment of its obligations under or in connection with this Statement ofLimited Warranty or due to any other cause related to this Statement ofLimited Warranty is limited to the compensation of only those damages andlosses proved and actually arising as an immediate and direct consequence ofthe non-fulfillment of such obligations (if IBM is at fault) or of such cause, for amaximum amount equal to the charges you paid for the Machine. For purposesof this item, the term “Machine” includes Machine Code and Licensed InternalCode (“LIC”).The above limitation shall not apply to damages for bodily injuries (includingdeath) and damages to real property and tangible personal property for whichIBM is legally liable.2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERSLIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIRPOSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL ORINDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIALDAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATECONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES;OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATEDSAVINGS.FRANCE AND BELGIUMLimitation of Liability: The following replaces the terms of this section in its entirety:Except as otherwise provided by mandatory law:1. IBM’s liability for any damages and losses that may arise as a consequence ofthe fulfillment of its obligations under or in connection with this Statement ofLimited Warranty is limited to the compensation of only those damages andlosses proved and actually arising as an immediate and direct consequence ofthe non-fulfillment of such obligations (if IBM is at fault), for a maximumamount equal to the charges you paid for the Machine that has caused thedamages. For purposes of this item, the term “Machine” includes MachineCode and Licensed Internal Code (“LIC”).The above limitation shall not apply to damages for bodily injuries (includingdeath) and damages to real property and tangible personal property for whichIBM is legally liable.2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERSLIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIRPOSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL ORINDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIALDAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATECONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES;OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATEDSAVINGS.D-12 VXA-320 Internal Tape Drive: User’s Guide