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Code updates from an IBM Internet Web site or from other electronic media,
and following the instructions that IBM provides.
When warranty service involves the exchange of a Machine or part, the item
IBM or your reseller replaces becomes its property and the replacement
becomes yours. You represent that all removed items are genuine and
unaltered. The replacement may not be new, but will be in good working order
and at least functionally equivalent to the item replaced. The replacement
assumes the warranty service status of the replaced item. Many features,
conversions, or upgrades involve the removal of parts and their return to IBM.
A part that replaces a removed part will assume the warranty service status of
the removed part.
Before IBM or your reseller exchanges a Machine or part, you agree to remove
all features, parts, options, alterations, and attachments not under warranty
service.
You also agree to
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
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
Part 2. Appendixes 3-5