IBM eServer 370 xSeries Installation Manual Download

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a. 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 fulfil 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.

Production Status

Each IBM Machine is manufactured from new parts, or new and used parts. In some cases, the
Machine may not be new and may have been previously installed. Regardless of the Machine's
production status, IBM's appropriate warranty terms apply.

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), 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 greater of U.S. $100,000 (or equivalent in

local currency) or the charges (if recurring, 12 months' charges apply) for the Machine that is the
subject of the claim.

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 (INCLUDING LOST PROFITS OR 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.

Part 2 - Worldwide Country-Unique Terms

ASIA PACIFIC

AUSTRALIA:

The IBM Warranty for Machines:

The following paragraph is added to this Section:

The warranties specified in this Section are in addition to any rights you may have under the Trade
Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable
legislation.

Extent of Warranty:

The following replaces the first and second sentences of this Section:

The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident,
modification, unsuitable physical or operating environment, operation in other than the Specified
Operating Environment, improper maintenance by you, or failure caused by a product for which IBM is
not responsible.

Limitation of Liability:

The following is added to this Section:

Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's
liability is limited to the repair or replacement of the goods or the supply of equivalent goods. Where
that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a
kind ordinarily acquired for personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.

Appendix A. Product warranties and notices