IBM licenses the patches to you on an "as is" basis, without warranty of any kind. IBM hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using these patches and assume all risks associated with the use of these patches, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. IBM will not be liable for any direct damages or for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if IBM has been advised of the possibility of such damages. IBM will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.