Appendix A. Product warranties and notices
41
1.
ensure that the Machine is free of any legal obligations or restrictions that prevent
its exchange;
2.
obtain authorization from the owner to have IBM or your reseller service a
Machine that you do not own; and
3.
where applicable, before service is provided:
a.
follow the problem determination, problem analysis, and service request pro-
cedures that IBM or your reseller provides;
b.
secure all programs, data, and funds contained in a Machine;
c.
provide IBM or your reseller with sufficient, free, and safe access to your facil-
ities to permit them to fulfill their obligations; and
d.
inform IBM or your reseller of changes in a Machine’s location.
IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s
possession or 2) in transit in those cases where IBM is responsible for the
transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential, proprietary or
personal information contained in a Machine which you return to IBM or your reseller
for any reason. You should remove all such information from the Machine prior to its
return.
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 tan-
gible 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.
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, LOST PROFITS OR
LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS
INFORMED OF THEIR POSSIBILITY. SOME 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 Agreement, without regard to conflict of law principles.
