7.
to
securely
erase
from
any
Machine
you
return
to
IBM
for
any
reason
all
programs
not
provided
by
IBM
with
the
Machine,
and
data,
including
without
limitation
the
following:
1)
information
about
identified
or
identifiable
individuals
or
legal
entities
(“Personal
Data”)
and
2)
your
confidential
or
proprietary
information
and
other
data.
If
removing
or
deleting
Personal
Data
is
not
possible,
you
agree
to
transform
such
information
(e.g.,
by
making
it
anonymous
or
encrypting
it)
so
that
it
no
longer
qualifies
as
Personal
Data
under
applicable
law.
You
also
agree
to
remove
all
funds
from
Machines
returned
to
IBM.
IBM
is
not
responsible
for
any
funds,
programs
not
provided
by
IBM
with
the
Machine,
or
data
contained
in
a
Machine
that
you
return
to
IBM.
You
acknowledge
that,
to
perform
its
responsibilities
under
this
Statement
of
Limited
Warranty,
IBM
may
ship
all
or
part
of
the
Machine
or
its
software
to
other
IBM
or
third
party
locations
around
the
world,
and
you
authorize
IBM
to
do
so.
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),
except
for
any
liability
that
cannot
be
waived
or
limited
by
applicable
laws,
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
charges
(if
recurring,
12
months’
charges
apply)
for
the
Machine
that
is
subject
of
the
claim.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
and
Licensed
Internal
Code
(“LIC”).
This
limit
also
applies
to
IBM’s
suppliers,
subcontractors,
and
resellers.
It
is
the
maximum
for
which
IBM
and
its
suppliers,
subcontractors
and
resellers
are
collectively
responsible.
UNDER
NO
CIRCUMSTANCES
IS
IBM
OR
ITS
SUPPLIERS,
SUBCONTRACTORS,
OR
RESELLERS
LIABLE
FOR
ANY
OF
THE
FOLLOWING
EVEN
IF
INFORMED
OF
THEIR
POSSIBILITY:
1)
THIRD
PARTY
CLAIMS
AGAINST
YOU
FOR
DAMAGES
(OTHER
THAN
THOSE
UNDER
THE
FIRST
ITEM
LISTED
ABOVE);
2)
LOSS
OF,
OR
DAMAGE
TO,
DATA;
3)
SPECIAL,
INCIDENTAL,
OR
INDIRECT
DAMAGES
OR
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
OR
4)
LOST
PROFITS,
BUSINESS
REVENUE,
GOODWILL
OR
ANTICIPATED
SAVINGS.
SOME
STATES
OR
JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OR
LIMITATION
OF
INCIDENTAL
OR
CONSEQUENTIAL
DAMAGES,
SO
THE
ABOVE
LIMITATION
OR
EXCLUSION
MAY
NOT
APPLY
TO
YOU.
Governing
Law
Both
you
and
IBM
consent
to
the
application
of
the
laws
of
the
country
in
which
you
acquired
the
Machine
to
govern,
interpret,
and
enforce
all
of
your
and
IBM’s
rights,
duties,
and
obligations
arising
from,
or
relating
in
any
manner
to,
the
subject
matter
of
this
Statement
of
Limited
Warranty,
without
regard
to
conflict
of
law
principles.
THESE
WARRANTIES
GIVE
YOU
SPECIFIC
LEGAL
RIGHTS
AND
YOU
MAY
ALSO
HAVE
OTHER
RIGHTS
WHICH
VARY
FROM
STATE
TO
STATE
OR
JURISDICTION
TO
JURISDICTION.
26
IBM
4
U
Rack
Mount
Tape
Enclosure:
Installation
Guide
Summary of Contents for 4 U
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