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You also agree to

1. ensure that the Machine is free of any legal obligations or restrictions that prevent its

exchange;

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:

a. follow the problem determination, problem analysis, and service request procedures that

IBM or your reseller provides;

b. secure all programs, data, and funds contained in a Machine;

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

permit them to fulfill their obligations; and

d. 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.

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 information 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.

58 ThinkPad

T40 Series Service and Troubleshooting Guide

Other manuals for IBM ThinkPad T40 series

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