Part 2 - Country-Unique Terms - IBM 48X User Manual

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User manual (68 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.

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), 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.

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, LOST PROFITS OR LOST 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.

Governing Law

Both you and IBM consent to the application of the laws of the country in which

you acquired the Machine to govern, interpret, and enforce all of your and IBM's

rights, duties, and obligations arising from, or relating in any manner to, the

subject matter of this Agreement, without regard to conflict of law principles.