IBM eServer 130 xSeries User Reference Manual

Also see for eServer 130 xSeries: Configuration and options guide

Contents

Appendix B. Product warranty and notices 1251. ensure that the Machine is free of any legal obligations or restrictions that preventits 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 problem determination, problem analysis, and service requestprocedures that IBM or your reseller provides;b. secure all programs, data, and funds contained in a Machine;c. provide IBM or your reseller with sufficient, free, and safe access to yourfacilities to permit them to fulfill their obligations; andd. inform IBM or your reseller of changes in a Machine’s location.IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’spossession or 2) in transit in those cases where IBM is responsible for thetransportation charges.Neither IBM nor your reseller is responsible for any of your confidential, proprietary orpersonal information contained in a Machine which you return to IBM or your resellerfor any reason. You should remove all such information from the Machine prior to itsreturn.Limitation of LiabilityCircumstances 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 ofthe basis on which you are entitled to claim damages from IBM (includingfundamental breach, negligence, misrepresentation, or other contract or tort claim),except for any liability that cannot be waived or limited by applicable laws, IBM is liablefor 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, 12months’ charges apply) for the Machine that is subject of the claim. For purposesof this item, the term "Machine" includes Machine Code and Licensed InternalCode.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 LIABLE FOR ANY OF THE FOLLOWING:1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSEUNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOURRECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGESOR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS ORLOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER ISINFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU.Governing LawBoth you and IBM consent to the application of the laws of the country in which youacquired 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 ofthis Agreement, without regard to conflict of law principles.