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You agree to: <br />1. obtain authorization from the owner to have us service a Machine that you do not own; <br />2. where applicable, before we provide service — <br />a. follow the problem determination, problem analysis, and service request procedures <br />that we provide, - <br />b. secure all programs, data, and funds contained in a Machine, <br />c. inform us of changes in a`Machine's location, and <br />d. for a Machine with Exchange service, remove all features, parts, options, alterations, <br />and attachments not under our service. You also agree to ensure that the Machine is <br />free of any legal obligations or restrictions that prevent its exchange; <br />3. be responsible for loss of, or damage to, a Machine in transit in those cases where you <br />are responsible for the transportation charges; and <br />4. on completion of Carry-in Repair service, connect a repaired Machine and verify its <br />operation. - <br />1.9 Patents and Copyrights <br />If a third party claims that a Product we provide infringes a patent or copyright, we will defend <br />you against that claim at our expense and pay all costs, damages, and attorney's fees that a <br />court finally awards, provided that you: <br />1. promptly not:fv us in writing of the claim; and <br />2. allow us to control, and cooperate with us in, the defense and any related settlement <br />negotiations. <br />If such a claim is made or appears likely to be made, you agree to permit us to enable you to <br />continue to use the Product, or to modify or replace it. If we determine that none of these <br />alternatives is reasonably available, you agree to return the Product to us on our written <br />request. We will then give you a credit equal to your net book value for the Product, provided <br />you have followed generally - accepted accounting principles. <br />This is our entire obligation to you regarding any claim of infringement. <br />Claims for Which We are Not Responsible _. ` <br />We have no obligation regarding any claim based on any of the following: <br />1. your modification of a Product, or a Program's use in other than its Specified Operating <br />Environment; <br />2. the combination, operation, or use of a Product with any product, data, or apparatus that <br />we did not provide; or <br />3. infringement by a non =IBM Product alone, as opposed to its combination, operation, or <br />use as part of a system of Products that we provide to you. <br />1.90 Limitation of Liability <br />Circumstances may arise where, because of a default on our part or other liability, you are <br />entitled to recover damages from us. In each such instance, regardless of the basis on which <br />you are entitled to claim damages from us, we are liable only for: <br />1. payments referred to in our patent and copyright terms described above; <br />2. bodily injury (including death), and damage to real property and tangible pers,.)nal <br />property, and <br />Z125- 4575 -00 1/91 Page 7 of 22 <br />