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ServicePac Maintenance Service Agreement

NOTICE: PLEASE CAREFULLY READ THE FOLLOWING TERMS UNDER WHICH I M WILL PRO!IDE SER!ICEPAC MAINTENANCE SER!ICE TO YOU" I M WILL PRO!IDE THIS SER!ICE TO YOU ONLY IF YOU FIRST COMPLETE THE REGISTRATION PROCESS DOCUMENTED INSIDE THIS SER!ICEPAC" IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT# PROMPTLY RETURN THIS PAC$AGE TO YOUR RESELLER AND RE%UEST A REFUND OF THE AMOUNT YOU PAID" ONCE THE SHRIN$WRAP IS RO$EN# YOUR MONEY WILL NOT E REFUNDED" WHAT THIS AGREEMENT COVERS This IBM ServicePac Maintenance Service Agreement (called the "Agreement") and its supported product list are the complete and exclusive agreement regarding your acquisition o !arranty service upgrade and post"!arranty maintenance service (called "Service") or IBM Machines and replace any prior oral or !ritten communications #et!een you$ your IBM reseller or IBM regarding such acquisition% This Service is designed to &eep your Machines in$ or restore them to$ con ormance !ith their Speci ications% 'e reserve the right to inspect a Machine !ithin one month rom the (egistration date o this Service% I the Machine is not in an accepta#le condition or Service$ !e !ill noti y you$ terminate coverage$ and re und your money% IBM !ill provide Service$ either ) hours per day * days a !ee& (Monday through +riday$ excluding pu#lic holidays)$ during normal #usiness hours$ or ,hours per day$ . days per !ee& as speci ied #y the part num#er that you ordered% IBM !ill provide this Service only or machines identi ied in the supported product list% +/( IBM MA01I23S$ S3(4I03 IS A4AI5AB53 /256 I+ 7) +/( A 'A((A2T6 S3(4I03 8P9(A:3$ I+ IT 'AS P8(01AS3: :8(I29 T13 MA01I23;S IBM I2ITIA5 BAS3 'A((A2T6 P3(I/:$ ,) +/( A MAI2T32A203 A9(33M32T$ I+T13 MA01I23 IS I2 9//: '/(<I29 /(:3($ =) 6/8 A0TI4AT3 T1IS S3(4I03 B6 +/55/'I29 T13 (39IST(ATI/2 P(/03SS T1AT '3 P(/4I:3% Service does not cover accessories$ supply items$ and certain parts$ such as #atteries$ rames$ and covers% In addition$ this Agreement does not cover Service o a Machine damaged #y misuse$ accident$ modi ication$ unsuita#le physical or operating environment$ improper maintenance #y you$ removal or alteration o Machine or parts identi ication la#els$ or ailure caused #y a product or !hich IBM is not responsi#le% TYPES OF SERVICE FOR MACHINES IBM !ill provide repair or exchange Service either at your location$ "called /n" site$" or at IBM;s service center (called "0arry"In")% 8nder /n"site Service$ i Service is required as determined #y IBM$ IBM !ill use reasona#le e orts to respond as speci ied in the supported product list% Some parts o IBM Machines are considered 0ustomer (eplacea#le 8nits (0(8s)% IBM !ill ship these parts to you or your replacement% All de ective 0(8s must #e returned to IBM% +or 0arry"In Service$ i Service is required as determined #y IBM$ you may deliver the ailing Machine or ship it suita#ly pac&aged (prepaid$ unless IBM speci ies other!ise) to a location IBM designates$ or IBM !ill use a courier to pic& up and return the Machine as speci ied in the supported product list% 'hen a type o Service involves the exchange o a Machine or part$ the item IBM replaces #ecomes its property and the replacement #ecomes yours% 6ou represent that all removed items are genuine and unaltered% The replacement may not #e ne!$ #ut !ill #e in good !or&ing order and at least unctionally equivalent to the item replaced% The replacement assumes the Service status o the replaced item% Be ore IBM exchanges a Machine or part$ you agree to remove all eatures$ parts$ options$ alterations$ and attachments not under IBM;s Service% 6ou also agree to ensure that the item is ree o any legal o#ligations or restrictions that prevent its exchange% IBM is responsi#le or loss o $ or damage to$ your Machine !hile it is 7) in IBM;s possession or ,) in transit in those cases !here IBM is responsi#le or the transportation charges% 6ou agree to o#tain authori>ation rom the o!ner to have IBM service a Machine that you do not o!n% 6ou agree to ollo! the instructions !e provide and !here applica#le$ #e ore Service is provided? 7) ollo! the pro#lem determination$ pro#lem analysis$ and Service request procedures that !e provide@ and ,) secure all programs$ data$ and unds contained in a Machine% 6ou agree 7) that you are responsi#le or the results o#tained rom the Service@ and ,) to provide IBM !ith su icient$ ree$ and sa e access to your acilities or IBM to ul ill our o#ligations% IBM !ill provide you or your authori>ed user !ith an authori>ation num#er !hich !ill allo! you direct access$ via a toll" ree num#er$ to a support specialist% 6ou are responsi#le or the security o your authori>ation num#ers% 6our access to this Service !ill end either one$ t!o$ three$ our$ or ive years$ as indicated #y the part num#er that you ordered$ rom the date on your IBM Machine;s sales receipt$ unless IBM or your reseller in orms you other!ise in !riting% +or a non"IBM Machine$ your access to this Service !ill end either one or three years as indicated #y the part num#er that you ordered$ rom the date you activate this Service% CHARGES, PAYMENT, AND TAXES Payment must #e made to the IBM reseller rom !hom you acquired these Services$ or to IBM$ as applica#le% 6ou are responsi#le or any taxes resulting rom this agreement% IBM BUSINESS PARTNERS IBM has signed agreements !ith certain organi>ations (called "IBM Business Partners") to promote$ mar&et$ and support certain Services% 'hen you order IBM ServicePac;s (mar&eted to you #y IBM Business Partners) under this Agreement$ IBM con irms that it is responsi#le or providing the Services to you under the !arranties and other terms o this Agreement% IBM is not responsi#le or 7) the actions o IBM Business Partners$ ,) any additional o#ligations they have to you$ or =) any products or services that they supply to you under their agreements% LIMITED WARRANTY IBM !arrants that IBM !ill per orm Services using reasona#le care and s&ill% T1IS 'A((A2T6 IS 6/8( 3A058SI43 'A((A2T6 A2: (3P5A03S A55 /T13( 'A((A2TI3S /( 0/2:ITI/2S$ 3AP(3SS /( IMP5I3:$ I2058:I29$ B8T 2/T 5IMIT3: T/$ T13 IMP5I3: 'A((A2TI3S /( 0/2:ITI/2S /+ M3(01A2TABI5IT6 A2: +IT23SS +/( A PA(TI085A( P8(P/S3% LIMITATION OF LIABILITY 0ircumstances may arise !here$ #ecause o a de ault on IBM;s part or other lia#ility$ you are entitled to recover damages rom IBM% In each such instance$ regardless o the #asis on !hich you are entitled to claim damages rom IBM (including undamental #reach$ negligence$ misrepresentation$ or other contract or tort claim)$ IBM is lia#le or no more than 7) damages or #odily inBury (including death) and damage to real property and tangi#le personal property and ,) the amount o any other actual direct damages or loss equivalent to the amount paid or the service that is the su#Bect o the claim% This limit also applies to any o IBM;s su#contractors% It is the maximum or !hich IBM and its su#contractors are collectively responsi#le% UNDER NO CIRCUMSTANCES IS IBM OR ITS SUBCONTRACTORS LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR ) INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY CONSE!UENTIAL DAMAGES; OR LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF IBM, ITS SUBCONTRACTORS, OR YOUR RESELLER ARE INFORMED OF THEIR POSSIBILITY % GENERAL 2othing in this Agreement a ects any statutory rights o consumers that cannot #e !aived or limited #y contract% A copy o your invoice is your proo o entitlement to Service% Both you and IBM agree that$ under this Agreement$ all in ormation exchanged is non"con idential% I either you or IBM requires the exchange o con idential in ormation$ it !ill #e made under a signed con identiality agreement% 6ou agree to allo! IBM to store your contact in ormation$ such as names$ phone num#ers$ and e"mail addresses$ in any country !here IBM does #usiness and to use such in ormation internally and to communicate !ith you or the purposes o our #usiness relationship% 2either you nor IBM !ill #ring a legal action$ under this Agreement$ more than three years a ter the cause o action arose unless other!ise provided #y local la! !ithout the possi#ility o contractual !aiver or limitation% 2either you nor IBM is responsi#le or ailure to ul ill any o#ligation due to causes #eyond its control% 6ou may not assign$ or other!ise trans er$ this Agreement or your rights under it$ or delegate your o#ligations$ !ithout IBM;s prior !ritten consent% Any attempt to do so is void% In the event that any provision o this Agreement is held to #e invalid or unen orcea#le$ the remaining provisions o this Agreement remain in ull orce and e ect% All your rights and all IBM;s o#ligations are valid only in India in !hich IBM provides the Service% The Service under this ServicePac !ill #e provided only in India in !hich you purchased the ServicePac% IBM;s o#ligation to provide services under this agreement is limited to commercially listed #uildings !ithin a ,* &m radius o the IBM service center% The la!s o India govern the Agreement%