Lenovo ThinkPad L540 (English) ADP Services Agreement - US Purchased After Dec - Page 3

d. Damage from abuse, misuse, unauthorized modification, unsuitable physical or operating environments, improper maintenance by anyone other than Lenovo-authorized service providers, removal of original parts or alteration of a Covered Product or identification labels; e. Damage caused by a product not covered under this Agreement or caused by biohazards or human or animal bodily fluids; or f. Theft, loss or damage from fire, flood, or natural disaster, war, terrorism, acts of God or other events outside the reasonable control of the parties. 5. PAYMENT Payment must be received by Lenovo in advance of providing the Service. If you do not register with Lenovo, you will be required to provide your proof of purchase as evidence of your entitlement to Service. You are responsible for any taxes related to the Service. 6. WARRANTY Lenovo warrants that Services will be performed using reasonable care and skill. TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 6. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY REMEDY SET FORTH HEREIN, SHALL LENOVO, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF LENOVO, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, RESELLERS OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE COVERED PRODUCT. 7. GENERAL You may cancel this Agreement, for a full refund, within 30 days of purchase by sending a written notice to: Lenovo Accidental Damage Protection Administrator Center at the address provided at the top of this Agreement. If you cancel after 30 days of purchase, your refund will be based upon 100% of the unearned pro rata premium. We may cancel this Agreement for fraud, material misrepresentation, or non-payment by You; or if required to do so by any regulatory authority. Notice of such cancellation will be in writing at least thirty (30) calendar days prior to cancellation. If We cancel this Agreement Your refund will be based upon 100% of the unearned pro rata premium. You may transfer this Agreement to another party only when ownership of the covered product is transferred to the other party and You have obtained Our prior written consent. Mail all such requests to the Lenovo Damage Protection Services Administrator at the address provided at the top of this Agreement. Your written request must include a copy of this Agreement, Your Invoice(s) noting the part number and serial number of the covered Product(s) and Your entitlement to Service, the effective date of transfer, and the transferee's name, address and phone number. The coverage provided under this Agreement may not be transferred to any product other than the covered Product(s). Please note that if You move Your System to a geographic location in which the Service coverage is not available at the same price as You paid for this Agreement, You may incur an additional charge to maintain the same categories of Service coverage at the new location. If You choose not to pay such additional charge, Your Service may be automatically changed to categories of Service that are available at such price or a lesser price in such new location with no refund available. LBG0313-ADP-US Rev. March 2014