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possible), (b) allow IBM, your reseller or an IBM supplier to process on
your behalf any remaining Personal Data as IBM or your reseller considers
necessary to fulfill its obligations under this Statement of Limited Warranty
(which may include shipping the Machine for such processing to other IBM
service locations around the world), and (c) ensure that such processing
complies with any laws applicable to such Personal Data.
Limitation
of Liability
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.
Neither IBM nor your reseller are responsible for any of your confidential,
proprietary or personal information contained in a Machine which you return
to IBM for any reason. You should remove all such information from the
Machine prior to its return.
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 tangible 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 (“LIC”).
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, ITS SUPPLIERS OR RESELLERS
LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)
LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; OR 4) LOST PROFITS, BUSINESS REVENUE, GOODWILL OR
ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. SOME STATES OR
34 Installation and User’s Guide for HS20/HS40 and JS20 Fibre Channel expansion cards