Part 2 - Country-Unique Terms - IBM eServer 250 xSeries Installation Manual

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User reference manual (186 pages)

Table Of Contents

Table of Contents

obtain authorization from the owner to have IBM or your reseller service a

Machine that you do not own; and

where applicable, before service is provided:

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;

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

damages for bodily injury (including death) and damage to real property and

tangible personal property; and

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.

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, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS

OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE

LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law

Both you and IBM consent to the application of the laws of the country in which you

acquired the Machine to govern, interpret, and enforce all of your and IBM's rights,

duties, and obligations arising from, or relating in any manner to, the subject matter of

this Agreement, without regard to conflict of law principles.