IBM WORKPADC3 Production Status, Limitation of Liability

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 pro-

cedures that IBM or your reseller provides,

b. secure all programs, data, and funds contained in a Machine,

c. provide IBM or your reseller w ith sufficient, free, and safe access to your facil-

ities to permit them to fulfill their obligations, and

d. inform IBM or your reseller of changes in a Machine’s loca tion.

IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s posses-

sion or 2) in transit in those cases where IBM is responsible for the transportation charg-

es.

Neither IBM nor your reseller is responsible fo r any of your confidential, propr ietary 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 o ther 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 fundame ntal

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 person al property; and

2. the amount of any other actual direct dama ges, up to the greater of U.S. $100,000 (or

equivalent in local currency) or the charges (if recurring, 12 mont hs’ 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 (INCLUD-

ING LOST PROFITS OR SAVINGS), EVE N IF IBM, ITS SUPPLIER S OR YOUR RE-

SELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE-

QUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY

NOT APPLY TO YOU.