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IBM, your reseller or an IBM supplier to process on your behalf any remaining
Personal Data as IBM or your reseller considers necessary to fulfill its
obligations under this Statement of Limited Warranty (which may include
shipping the Machine for such processing to other IBM service locations around
the world), and (c) ensure that such processing complies with any laws
applicable to such Personal Data.
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 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. SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION 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 Statement of Limited Warranty, without regard to conflict of
law principles.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
Appendix C. IBM Statement of Limited Warranty Z125-4753-08 04/2004
C-3
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