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<br /> l I 17 r; <br /> 2. bodily injury (including death), and damage to real property and tangible personal <br /> property; and <br /> 3. the amount of any other actual loss or damage, up to the greater of $100,000 or the <br /> charges (if recurring, 12 months' charges apply) for the Product or Service that is the <br /> subject of the claim. <br /> This limit also applies to any of our subcontractors and Program developers. It is the --, <br /> maximum for which we are collectively responsible. <br /> Items for Which We are Not Liable <br /> Under no circumstances are we, our subcontractors, or Program developers liable for any of <br /> the following: <br /> 1. third-party claims against you for losses or damages (other than those under the first two <br /> items listed above); <br /> 2. loss of, or damage to, your records or data; or <br /> 3. economic consequential damages (including lost profits or savings) or incidental <br /> damages, even if we are informed of their possibility. <br /> 1.11 Mutual Responsibilities <br /> Each of us agrees that under this Agreement: <br /> 1. neither of us grants the other the right to use its trademarks, trade names, or other <br /> designations in any promotion or publicatio,); <br /> , ' <br /> 2. all information exchanged is nonconfidential. If either of us requires the exchange of <br /> confidential information, it will be made under a signed confidentiality agreement; <br /> 3. each is free to enter into similar agreements with others; <br /> 4. each grants the other only the licenses specified. No other licenses (including licenses <br /> under patents) are granted; <br /> 5. each will promptly notify the other if it becomes aware of any unsafe conditions or <br /> hazardous materials to which the other's personnel would be exposed at any of its <br /> facilities; <br /> 6. each will allow the other reasonable opportunity to comply before it claims that the other <br /> , has not met its obligations; and <br /> 7. neither of us will bring a legal action morf than two years after the cause of action arose. <br /> 1.12 Your Other Responsibilities <br /> You agree: <br /> 1. not to assign, or otherwise transfer, this Agreement or your rights under it, delegate your <br /> obligations, or resell any Service, without prior written consent. Any attempt to do so is <br /> void; <br /> 2. to acquire Machines with the intent to use them within your Enterprise and not for <br /> reselling, leasing, or transferring to a third party, unless either of the following applies - <br /> a. you are arranging lease-back financing for the Machines, or <br /> b. you purchase them without any disco'unt or allowance, and do not remarket them in <br /> competition with our authorized remarketers; <br /> 3. to allow us to install mandatory engineering changes (such as those required for safety) <br /> on a Machine. Any parts we remove become our property; <br /> 4. that you are responsible for the results obtained from the Products and Services; <br /> 5. to comply with all applicable government export laws and regulations; and <br /> Z125-4575-01 3/93 (MKOO2) Page 8 of 23 <br />