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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 pro-
cedures 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 facil-
ities 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 posses-
sion or 2) in transit in those cases where IBM is responsible for the transportation charg-
es.
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 (INCLUD-
ING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RE-
SELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE-
QUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.