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5. to allow IBM or its subcontractor or the reseller to install mandatory engineering
6. when the type of warranty service requires that you deliver a failing Machine to
7. to securely erase from any Machine you return to IBM for any reason all
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
2. the amount of any other actual direct damages, up to the charges (if recurring,
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.
Governing Law
20
2/4 Port Ethernet Expansion Card (CFFh) for IBM BladeCenter
changes, such as those required for safety;
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
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.
tangible personal property; and
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").
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