IBM 17233RX User Manual - Page 32

Possibility

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4. (a) ensure all information about identified or identifiable individuals (Personal Data) is deleted from the Machine (to the extent technically possible), (b) allow IBM, your reseller or an IBM supplier to process on your behalf any remaining Personal Data as IBM or your reseller considers necessary to fulfill its obligations under this Statement of Limited Warranty (which may include shipping the Machine for such processing to other IBM service locations around the world), and (c) ensure that such processing complies with any laws applicable to such Personal Data. Limitation of Liability 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. Neither IBM nor your reseller are responsible for any of your confidential, proprietary or personal information contained in a Machine which you return to IBM for any reason. You should remove all such information from the Machine prior to its return. 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 and your reseller. It is the maximum for which IBM, its suppliers, and your reseller are collectively responsible. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS 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 18 1U Tape Drive Enclosure: User's Guide

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4.
(a)
ensure
all
information
about
identified
or
identifiable
individuals
(Personal
Data)
is
deleted
from
the
Machine
(to
the
extent
technically
possible),
(b)
allow
IBM,
your
reseller
or
an
IBM
supplier
to
process
on
your
behalf
any
remaining
Personal
Data
as
IBM
or
your
reseller
considers
necessary
to
fulfill
its
obligations
under
this
Statement
of
Limited
Warranty
(which
may
include
shipping
the
Machine
for
such
processing
to
other
IBM
service
locations
around
the
world),
and
(c)
ensure
that
such
processing
complies
with
any
laws
applicable
to
such
Personal
Data.
Limitation
of
Liability
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.
Neither
IBM
nor
your
reseller
are
responsible
for
any
of
your
confidential,
proprietary
or
personal
information
contained
in
a
Machine
which
you
return
to
IBM
for
any
reason.
You
should
remove
all
such
information
from
the
Machine
prior
to
its
return.
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
and
your
reseller.
It
is
the
maximum
for
which
IBM,
its
suppliers,
and
your
reseller
are
collectively
responsible.
UNDER
NO
CIRCUMSTANCES
IS
IBM,
ITS
SUPPLIERS
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
18
1U
Tape
Drive
Enclosure:
User’s
Guide