Appendix F: Product Warranties and notices
ISDN PC Card – 20 Appendix F: Product Warranties and notices
223
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 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 infor-
mation 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 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.
.
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
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