IBM 09N4251 Guia Del Usuario página 89

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.
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
Appendix B. Warranty information
B-7