4a. follow the problem determination, problem analysis, and service request proceduresthat IBM or your reseller provides, b. secure all programs, data, and funds containedin a Machine,b. provide IBM or your reseller with sufficient, free, and safe access to your facilities topermit them to fulfill their obligations, andc. 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 or2) 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 personalinformation 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.Production StatusEach IBM Machine is manufactured from new parts, or new and used parts. In some cases, theMachine may not be new and may have been previously installed. Regardless of the Machine'sproduction status, IBM's appropriate warranty terms apply.Limitation of LiabilityCircumstances may arise where, because of a default on IBM's part or other liability, you areentitled to recover damages from IBM. In each such instance, regardless of the basis on whichyou are entitled to claim damages from IBM (including fundamental breach, negligence,misrepresentation, or other contract or tort claim), IBM is liable for no more than1. damages for bodily injury (including death) and damage to real property and tangiblepersonal property; and2. the amount of any other actual direct damages, up to the greater of U.S. $100,000 (orequivalent in local currency) or the charges (if recurring, 12 months' charges apply) for theMachine that is the subject of the claim.This limit also applies to IBM's suppliers and your reseller. It is the maximum forwhich IBM, its suppliers, and your reseller are collectively responsible.UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THEFOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FORDAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTEDABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANYECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITSOR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER ISINFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OREXCLUSION MAY NOT APPLY TO YOU.IBM Statement of Warranty Worldwide except Canada,Puerto Rico, Turkey, United States (Part 1 -General Terms)This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-unique Terms.The terms of Part 2 may replace or modify those of Part 1 . The warranties provided by IBMin this Statement of Warranty apply only to Machines you purchase for your use, and not forresale, from IBM or your reseller. The term “Machine” means an IBM machine, its features,conversions, upgrades, elements, or accessories, or any combination of them. The term“Machine” does not include any software programs, whether pre-loaded with the Machine,