IBM Brocade 4 Gb SAN Switch Module Installation Manual page 58

You also agree to:
ensure that the Machine is free of any legal obligations or restrictions that
1.
prevent its exchange;
2. obtain authorization from the owner to have IBM or your reseller service a
Machine that you do not own; and
where applicable, before service is provided:
3.
a. follow the service request procedures that IBM or your reseller
provides;
backup or secure all programs, data, and funds contained in the
b.
Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to
your facilities to permit IBM to fulfill its obligations; and
d. inform IBM or your reseller of changes in the Machine's location.
4. (a) ensure all information about identified or identifiable individuals
(Personal Data) is deleted from the Machine (to the extent technically
possible), (b) allow 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").
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Brocade 4 Gb SAN Switch Module: Installation Guide