IBM 1U Installation And Maintenance Manual page 66

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 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, REVENUE,
GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
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1U 17-inch Flat Panel Console Kit: Installation and Maintenance Guide
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").