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Your Additional Responsibilities
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 service request procedures that IBM or your reseller provides;
b.
backup or secure all programs, data, and funds contained in the Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to your
facilities to permit IBM to fulfill its obligations; and
d.
inform IBM or your reseller of changes in the Machine's location.
4. (a) ensure all information about identified or identifiable individuals (Personal
Data) is deleted from the Machine (to the extent technically 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,
Appendix B. IBM Statement of Limited Warranty Z125-4753-08 04/2004
73
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