IBM BladeCenter S 7779, Installation Manual

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return the repaired Machine or provide a replacement Machine to you at its
expense, unless IBM specifies otherwise. IBM is responsible for loss of, or
damage to, your Machine only while it is 1) in IBM's possession or 2) in transit
in those cases where IBM is responsible for the transportation charges; and
7. to securely erase from any Machine you return to IBM for any reason all
programs not provided by IBM with the Machine, and data, including without
limitation the following: 1) information about identified or identifiable
individuals or legal entities (“Personal Data”) and 2) your confidential or
proprietary information and other data. If removing or deleting Personal Data
is not possible, you agree to transform such information (e.g., by making it
anonymous or encrypting it) so that it no longer qualifies as Personal Data
under applicable law. You also agree to remove all funds from Machines
returned to IBM. IBM is not responsible for any funds, programs not provided
by IBM with the Machine, or data contained in a Machine that you return to
IBM. You acknowledge that, to perform its responsibilities under this Statement
of Limited Warranty, IBM may ship all or part of the Machine or its software to
other IBM or third party locations around the world, and you authorize IBM to
do so.
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), 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 (“LIC”).
This limit also applies to IBM's suppliers, subcontractors, and resellers. It is the
maximum for which IBM and its suppliers, subcontractors and resellers are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD
PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE
UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO,
DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS,
BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in which
you acquired the Machine to govern, interpret, and enforce all of your and IBM's
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BladeCenter S Types 7779 and 8886: Power Modules