IBM BladeCenter LS42 Installation Manual page 28

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. 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's entire liability
for all claims in the aggregate arising from or related to each Product will not
exceed:
This limit also applies to IBM's suppliers, subcontractors, and resellers. It is the
maximum for which IBM and its suppliers, subcontractors, and resellers are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
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IBM BladeCenter: LS42 Multiprocessor Expansion Unit
c. where applicable, before service is provided:
1. follow the service request procedures that IBM or its subcontractor or its
reseller provides;
2. backup and secure all programs, data, and funds contained in the Machine;
and
3. inform IBM or its subcontractor or the reseller of changes in the Machine's
location;
d. to provide IBM or its subcontractor or the reseller with sufficient and safe access to
your facilities to permit IBM to fulfill its obligations;
e. to allow IBM or its subcontractor or the reseller to install mandatory engineering
changes, such as those required for safety;
f. when the type of warranty service requires that you deliver a failing Machine to
IBM, you agree to ship it suitably packaged, as IBM specifies, to a location IBM
designates. After the Machine has been repaired or exchanged, IBM will return the
repaired Machine or provide a replacement Machine to you at its expense, unless
IBM specifies otherwise. 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; and
g. to securely erase from any Machine you return to IBM for any reason all programs
not provided by IBM with the Machine, and data, including without limitation the
following: 1) information about identified or identifiable individuals or legal
entities ("Personal Data"); and 2) your confidential or proprietary information and
other data. If removing or deleting Personal Data is not possible, you agree to
transform such information (e.g., by making it anonymous or encrypting it) so that
it no longer qualifies as Personal Data under applicable law. You also agree to
remove all funds from Machines returned to IBM. IBM is not responsible for any
funds, programs not provided by IBM with the Machine, or data contained in a
Machine that you return to IBM. You acknowledge that, to perform its
responsibilities under this Statement of Limited Warranty, IBM may ship all or part
of the Machine or its software to other IBM or third party locations around the
world, and you authorize IBM to do so.
a. damages for bodily injury (including death) and damage to real property and
tangible personal property; and
b. 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").