IBM 172319X Installation Guide - Page 75

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participation is important to minimize any potential effects of batteries and accumulators on the environment and human health due to the potential presence of hazardous substances. The retail price of batteries, accumulators and power cells includes the cost of the environmental management of their waste. For proper collection and treatment, contact your local IBM representative. THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES: The warranty for Machines acquired in EU countries is valid and applicable in all EU countries provided the Machines have been announced and made available in such countries. DENMARK, FINLAND, GREECE, ITALY, LIECHTENSTEIN, NETHERLANDS, NORWAY, PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND Limitation of Liability: The following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: a. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Statement of Limited Warranty or due to any other cause related to this Statement of Limited Warranty is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges you paid for the Machine. For purposes of this item, the term "Machine" includes Machine Code and Licensed Internal Code ("LIC"). The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. b. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS, SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. FRANCE AND BELGIUM Limitation of Liability: The following replaces the terms of this section in its entirety: Appendix B. IBM Statement of Limited Warranty Z125-4753-10 08/2008 65

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participation
is
important
to
minimize
any
potential
effects
of
batteries
and
accumulators
on
the
environment
and
human
health
due
to
the
potential
presence
of
hazardous
substances.
The
retail
price
of
batteries,
accumulators
and
power
cells
includes
the
cost
of
the
environmental
management
of
their
waste.
For
proper
collection
and
treatment,
contact
your
local
IBM
representative.
THE
FOLLOWING
TERMS
APPLY
TO
ALL
EU
COUNTRIES:
The
warranty
for
Machines
acquired
in
EU
countries
is
valid
and
applicable
in
all
EU
countries
provided
the
Machines
have
been
announced
and
made
available
in
such
countries.
DENMARK,
FINLAND,
GREECE,
ITALY,
LIECHTENSTEIN,
NETHERLANDS,
NORWAY,
PORTUGAL,
SPAIN,
SWEDEN
AND
SWITZERLAND
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
Except
as
otherwise
provided
by
mandatory
law:
a.
IBM’s
liability
for
any
damages
and
losses
that
may
arise
as
a
consequence
of
the
fulfillment
of
its
obligations
under
or
in
connection
with
this
Statement
of
Limited
Warranty
or
due
to
any
other
cause
related
to
this
Statement
of
Limited
Warranty
is
limited
to
the
compensation
of
only
those
damages
and
losses
proved
and
actually
arising
as
an
immediate
and
direct
consequence
of
the
non-fulfillment
of
such
obligations
(if
IBM
is
at
fault)
or
of
such
cause,
for
a
maximum
amount
equal
to
the
charges
you
paid
for
the
Machine.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
and
Licensed
Internal
Code
(“LIC”).
The
above
limitation
shall
not
apply
to
damages
for
bodily
injuries
(including
death)
and
damages
to
real
property
and
tangible
personal
property
for
which
IBM
is
legally
liable.
b.
UNDER
NO
CIRCUMSTANCES
IS
IBM,
OR
ITS
SUPPLIERS,
SUBCONTRACTORS,
OR
RESELLERS
LIABLE
FOR
ANY
OF
THE
FOLLOWING,
EVEN
IF
INFORMED
OF
THEIR
POSSIBILITY:
1)
LOSS
OF,
OR
DAMAGE
TO,
DATA;
2)
INCIDENTAL
OR
INDIRECT
DAMAGES,
OR
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
3)
LOST
PROFITS,
EVEN
IF
THEY
ARISE
AS
AN
IMMEDIATE
CONSEQUENCE
OF
THE
EVENT
THAT
GENERATED
THE
DAMAGES;
OR
4)
LOSS
OF
BUSINESS,
REVENUE,
GOODWILL,
OR
ANTICIPATED
SAVINGS.
FRANCE
AND
BELGIUM
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-10
08/2008
65