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d. inform IBM or your reseller of changes in the Machine's
location.
4. 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, OR DAMAGE
TO, DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS, BUSINESS
IBM Statement of Limited Warranty
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