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Limitation of Liability
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.
Neither IBM nor your reseller are responsible for any of your
confidential, proprietary or personal information contained in a
Machine which you return to IBM for any reason. You should remove
all such information from the Machine prior to its return.
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 ("LIC").
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, ITS SUPPLIERS 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
Appendix C. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002
C-5
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