c.
where
applicable,
before
service
is
provided:
1.
follow
the
service
request
procedures
that
IBM
or
its
subcontractor
or
its
reseller
provides;
2.
backup
and
secure
all
programs,
data,
and
funds
contained
in
the
Machine;
and
3.
inform
IBM
or
its
subcontractor
or
the
reseller
of
changes
in
the
Machine’s
location;
d.
to
provide
IBM
or
its
subcontractor
or
the
reseller
with
sufficient
and
safe
access
to
your
facilities
to
permit
IBM
to
fulfill
its
obligations;
e.
to
allow
IBM
or
its
subcontractor
or
the
reseller
to
install
mandatory
engineering
changes,
such
as
those
required
for
safety;
f.
when
the
type
of
warranty
service
requires
that
you
deliver
a
failing
Machine
to
IBM,
you
agree
to
ship
it
suitably
packaged,
as
IBM
specifies,
to
a
location
IBM
designates.
After
the
Machine
has
been
repaired
or
exchanged,
IBM
will
return
the
repaired
Machine
or
provide
a
replacement
Machine
to
you
at
its
expense,
unless
IBM
specifies
otherwise.
IBM
is
responsible
for
loss
of,
or
damage
to,
your
Machine
only
while
it
is
1)
in
IBM’s
possession;
or
2)
in
transit
in
those
cases
where
IBM
is
responsible
for
the
transportation
charges;
and
g.
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.
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’s
entire
liability
for
all
claims
in
the
aggregate
arising
from
or
related
to
each
Product
will
not
exceed:
a.
damages
for
bodily
injury
(including
death)
and
damage
to
real
property
and
tangible
personal
property;
and
b.
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
18
IBM
BladeCenter:
LS42
Multiprocessor
Expansion
Unit
Summary of Contents for LS42 - BladeCenter - 7902
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