IBM 5500 Operational, Installation, And Maintenance Manual page 6

Machine or part, you agree to remove all features, parts, options, alterations, and attachments not
under warranty service. You also agree to ensure that the Machine is free of any legal obligations
or restrictions that prevent its exchange.
You agree to 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 deter-
mination, problem analysis, and service request procedures that IBM or your reseller provides.
Secure all programs, data, and funds contained in a Machine, and 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.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.The warranties may be
voided by misuse, accident, modification, unsuitable physical or operating environment, improper
maintenance by you, removal or alteration of Machine or parts identification labels, or failure
caused by a product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDI-
TIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WAR-
RANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT SUCH
WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part or other liability you are enti-
tled 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, misrepresen-
tation, or other contract or tort claim), IBM is liable only for:
(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 or loss, up to the greater of U.S.
$100,000 or the charges (if recurring, 12 months' charges apply) for the Machine that is the sub-
ject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-
PARTY CLAIMS AGAINST YOU FOR LOSSES OR 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 (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM OR
YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAM-
AGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
vi Planning, Installation, and Maintenance Guide