IBM ThinkPad 73P3315 User Manual

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2. obtain authorization from the owner to have IBM or your reseller service a Machine

that you do not own; and

3. where applicable, before service is provided:

follow the service request procedures that IBM or your reseller provides;

b. backup or secure all programs, data, and funds contained in the Machine;

provide IBM or your reseller with sufficient, free, and safe access to your facilities

to permit IBM to fulfill its obligations; and

d. inform IBM or your reseller of changes in the Machine’s location.

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

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

O R E X C L U S I O N M A Y N O T A P P L Y T O Y O U . S O M E S T A T E S O R

=< C. IBM Statement of Limited Warranty Z125-4753-08 04/2004

C-3