Part 2 - Worldwide Country-Unique Terms - IBM NetVista 6644 Quick Reference

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User manual (110 pages)

Quick reference manual (45 pages)

User manual (100 pages)

Table Of Contents

Table of Contents

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.

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 (INCLUDING LOST

PROFITS OR 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.