IBM USB Serial Parallel Adapter User Manual page 13

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
NOB. Product warranty and notices B-3