IBM eServer 250 xSeries User Reference Manual Download

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Appendix A. Product warranties and notices

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obtain authorization from the owner to have IBM or your reseller service a
Machine that you do not own; and

where applicable, before service is provided:

follow the problem determination, problem analysis, and service request
procedures 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
facilities 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

damages for bodily injury (including death) and damage to real property and
tangible personal property; and

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.

Part 2 - Country-unique Terms

AMERICAS

BRAZIL