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 fulfill 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. Youshould remove all such
information from the Machine prior to its return.
Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part or other
liability, you are entitled to recoverdamages 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.
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, LOST PROFITS OR LOST
SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS
INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
46 ThinkPad
®
A30 Series Service and TroubleshootingGuide