IBM 8841 - eServer xSeries 236 Installation Manual

Also see for 8841 - eServer xSeries 236: Option installation guide

Contents

Your Additional ResponsibilitiesBefore IBM or your reseller exchanges a Machine or part, you agree to remove allfeatures, parts, options, alterations, and attachments not under warranty service.You also agree to:1. ensure that the Machine is free of any legal obligations or restrictions thatprevent its exchange;2. obtain authorization from the owner to have IBM or your reseller service aMachine that you do not own; and3. where applicable, before service is provided:a. follow the service request procedures that IBM or your reseller provides;b. backup or secure all programs, data, and funds contained in the Machine;c. provide IBM or your reseller with sufficient, free, and safe access to yourfacilities to permit IBM to fulfill its obligations; andd. inform IBM or your reseller of changes in the Machine’s location.4. (a) ensure all information about identified or identifiable individuals (PersonalData) is deleted from the Machine (to the extent technically possible), (b) allowIBM, your reseller or an IBM supplier to process on your behalf any remainingPersonal Data as IBM or your reseller considers necessary to fulfill itsobligations under this Statement of Limited Warranty (which may includeshipping the Machine for such processing to other IBM service locations aroundthe world), and (c) ensure that such processing complies with any lawsapplicable to such Personal Data.Limitation of LiabilityIBM is responsible for loss of, or damage to, your Machine only while it is 1) inIBM’s possession or 2) in transit in those cases where IBM is responsible for thetransportation 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 IBMfor any reason. You should remove all such information from the Machine prior to itsreturn.Circumstances may arise where, because of a default on IBM’s part or otherliability, 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 ortort claim), except for any liability that cannot be waived or limited by applicablelaws, IBM is liable for no more than1. damages for bodily injury (including death) and damage to real property andtangible personal property; and2. 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. Forpurposes of this item, the term “Machine” includes Machine Code and LicensedInternal Code (“LIC”).This limit also applies to IBM’s suppliers and your reseller. It is the maximum forwhich IBM, its suppliers, and your reseller are collectively responsible.UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERSLIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIRPOSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF,Appendix B. IBM Statement of Limited Warranty Z125-4753-08 04/2004 59