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8237 Hub Installation and Planning Guide
You also agree to ensure that the Machine is free of any legal obligations or restrictions that prevent its
exchange.
You agree to:
1. obtain authorization from the owner to have IBM or your reseller service a Machine that you do not
own; and
2. where applicable, before service is provided --
a. follow the problem determination, problem analysis, and service request procedures that IBM
or your reseller provide,
b. secure all programs, data, and funds contained in a Machine, and
c. 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.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable physical or operating
environment, improper maintenance by you, removal or alteration of Machine or parts identification
labels, or failure caused by a product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
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 only for:
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 or loss, up to the greater of U.S. $100,000 or the
charges (if recurring, 12 months’ charges apply) for the Machine that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY
CLAIMS AGAINST YOU FOR LOSSES OR 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 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 EXCLUSION
OR LIMITATION MAY NOT APPLY TO YOU.
Notices
References in this publication to IBM products, programs, or services do not imply that IBM
intends to make these available in all countries in which IBM operates. Any reference to an
IBM product, program, or service is not intended to state or imply that only IBM’s product,
program, or service may be used. Any functionally equivalent product, program, or service
that does not infringe any of IBM’s intellectual property rights may be used instead of the
IBM product, program, or service. Evaluation and verification of operation in conjunction
with other products, except those expressly designated by IBM, are the user’s responsibility.
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