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IBM M400 User Manual

Page 61

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functionally

equivalent

to

the

item

replaced.

The

replacement

assumes

the

warranty

service

status

of

the

replaced

item.

Your

Additional

Responsibilities

Before

IBM

or

your

reseller

exchanges

a

Machine

or

part,

you

agree

to

remove

all

features,

parts,

options,

alterations,

and

attachments

not

under

warranty

service.

You

also

agree

to:

1.

ensure

that

the

Machine

is

free

of

any

legal

obligations

or

restrictions

that

prevent

its

exchange;

2.

obtain

authorization

from

the

owner

to

have

IBM

or

your

reseller

service

a

Machine

that

you

do

not

own;

and

3.

where

applicable,

before

service

is

provided:

a.

follow

the

service

request

procedures

that

IBM

or

your

reseller

provides;

b.

backup

or

secure

all

programs,

data,

and

funds

contained

in

the

Machine;

c.

IBM

or

your

reseller

with

sufficient,

free,

and

safe

access

to

your

facilities

to

permit

IBM

to

fulfill

its

obligations;

and

d.

inform

IBM

or

your

reseller

of

changes

in

the

Machine’s

location.

4.

(a)

ensure

all

information

about

identified

or

identifiable

individuals

(Personal

Data)

is

deleted

from

the

Machine

(to

the

extent

technically

possible),

(b)

allow

IBM,

your

reseller

or

an

IBM

supplier

to

process

on

your

behalf

any

remaining

Personal

Data

as

IBM

or

your

reseller

considers

necessary

to

fulfill

its

obligations

under

this

Statement

of

Limited

Warranty

(which

may

include

shipping

the

Machine

for

such

processing

to

other

IBM

service

locations

around

the

world),

and

(c)

ensure

that

such

processing

complies

with

any

laws

applicable

to

such

Personal

Data.

Limitation

of

Liability

IBM

is

responsible

for

loss

of,

or

damage

to,

your

Machine

only

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

are

responsible

for

any

of

your

confidential,

proprietary

or

personal

information

contained

in

a

Machine

which

you

return

to

IBM

for

any

reason.

You

should

remove

all

such

information

from

the

Machine

prior

to

its

return.

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

(

″LIC″).

Apêndice

E.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

E-3