IBM ATA-100 User Manual page 5

THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT
EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
Items Not Covered by Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine. Any technical or other support provided for a Machine
under warranty, such as assistance via telephone with how-to questions and those regarding Machine set-up and installation, will be
provided WITHOUT WARRANTIES OF ANY KIND.
Warranty Service
To obtain warranty service for a Machine, contact IBM or your reseller . If you do not register your Machine with IBM, you may be
required to present proof of purchase. During the warranty period, IBM or your reseller, if approved by IBM to provide warranty
service, provides without charge certain types of repair and exchange service to keep Machines in, or restore them to, conformance
with their Specifications. IBM or your reseller will inform you of the available types of service for a Machine based on its country of
installation. At its discretion, IBM or your reseller will 1) either repair or exchange the failing Machine and 2) provide the service
either at your location or a service center. IBM or your reseller will also manage and install selected engineering changes that apply to
the Machine.
Some parts of IBM Machines are designated as Customer Replaceable Units (called "CRU"), e.g., keyboards, memory, or hard disk
drives. IBM ships CRUs to you for replacement by you. You must return all defective CRUs to IBM within 30 days of your receipt of
the replacement CRU. You are responsible for downloading designated Machine Code and Licensed Internal Code updates from an
IBM Internet Web site or from other electronic media, and following the instructions that IBM provides.
When warranty service involves the exchange of a Machine or part, the item IBM or your reseller replaces becomes its property and
the replacement becomes yours. You represent that all removed items are genuine and unaltered. The replacement may not be new, but
will be in good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty service
status of the replaced item. Many features, conversions, or upgrades involve the removal of parts and their return to IBM. A part that
replaces a removed part will assume the warranty service status of the removed part. 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 problem determination, problem analysis, and service request procedures that IBM or your reseller provides;
b. secure all programs, data, and funds contained in a Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit them to fulfill their obligations;
and
d. 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 or 2) 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 personal information 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.
Limitation of Liability
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.
This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, its suppliers, and your reseller are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS
AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR
DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR
YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
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