IBM 37L1388 Own, Safe Access, Fulfil their, Those Cases, For Any Reason, Prior to Its return

2.

obtain

authorization

from

the

owner

to

have

IBM

or

your

reseller

service

a

Machine

that

you

do

not

own;

and

3.

where

applicable,

before

service

is

provided

a.

follow

the

problem determination,

problem

analysis,

and

service

request

procedures

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

your

facilities to

permit

them

to

fulfil their

obligations,

and

d.

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's

possession or

2)

in

transit

in

those

cases

where

IBM

is

responsible

for

the

transportation

charges.

Neither

IBM

nor

your

reseller

is

responsible

for

any

of

your

confidential,

proprietary

or

personal

information

contained

in

a

Machine

which

you

return

to

IBM

or

your

reseller

for

any

reason.

You

should

remove

all

such

information

from

the

Machine

prior to

its return.

Production

Status

Each

IBM

Machine

is

manufactured

from

new

parts, or

new

and used

parts.

In

some

cases, the

Machine

may

not

be

new

and

may

have

been

previously

installed.

Regardless

of

the

Machine's

production status,

IBM's

appropriate

warranty

terms

apply.

Limitation

of

Liability

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),

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

greater

of

U.S.

$100,000

(or

equivalent

in

local

currency)

or

the

charges

(if

recurring,

12

months'

charges

apply)

for

the

Machine

that

is

the

subject

of

the

claim.

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

LIABLE

FOR

ANY

OF

THE

FOLLOWING:

1)

THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES

(OTHER

THAN

THOSE

UNDER

THE

FIRST

ITEM

LISTED

ABOVE);

2)

LOSS

OF,

OR

DAMAGE

TO,

YOUR

RECORDS

OR

DATA;

OR

3)

SPECIAL,

INCIDENTAL,

OR

INDIRECT

DAMAGES

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES

(INCLUDING

LOST

PROFITS

OR

SAVINGS),

EVEN

IF

IBM,

ITS

SUPPLIERS

OR

YOUR

RESELLER

IS

INFORMED

OF

THEIR

POSSIBILITY.

SOME

JURISDICTIONS

DO

NOT

ALLOW

THE

EXCLUSION

OR

LIMITATION

OF

INCIDENTAL

OR

CONSEQUENTIAL

DAMAGES,

SO

THE

ABOVE

LIMITATION

OR

EXCLUSION

MAY

NOT

APPLY

TO

YOU.

Part 3: Appendixes 3-21