IBM Disk drive RDX 160 GB 46C5364 User Manual

IBM

Product codes

46C5364

5.

to

allow

IBM

or

its

subcontractor

or

the

reseller

to

install

mandatory

engineering

changes,

such

as

those

required

for

safety;

6.

when

the

type

of

warranty

service

requires

that

you

deliver

a

failing

Machine

to

IBM,

you

agree

to

ship

it

suitably

packaged,

as

IBM

specifies,

to

a

location

IBM

designates.

After

the

Machine

has

been

repaired

or

exchanged,

IBM

will

return

the

repaired

Machine

or

provide

a

replacement

Machine

to

you

at

its

expense,

unless

IBM

specifies

otherwise.

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;

and

7.

to

securely

erase

from

any

Machine

you

return

to

IBM

for

any

reason

all

programs

not

provided

by

IBM

with

the

Machine,

and

data,

including

without

limitation

the

following:

1)

information

about

identified

or

identifiable

individuals

or

legal

entities

(“Personal

Data”)

and

2)

your

confidential

or

proprietary

information

and

other

data.

If

removing

or

deleting

Personal

Data

is

not

possible,

you

agree

to

transform

such

information

(e.g.,

by

making

it

anonymous

or

encrypting

it)

so

that

it

no

longer

qualifies

as

Personal

Data

under

applicable

law.

You

also

agree

to

remove

all

funds

from

Machines

returned

to

IBM.

IBM

is

not

responsible

for

any

funds,

programs

not

provided

by

IBM

with

the

Machine,

or

data

contained

in

a

Machine

that

you

return

to

IBM.

You

acknowledge

that,

to

perform

its

responsibilities

under

this

Statement

of

Limited

Warranty,

IBM

may

ship

all

or

part

of

the

Machine

or

its

software

to

other

IBM

or

third

party

locations

around

the

world,

and

you

authorize

IBM

to

do

so.

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

(“LIC”).

This

limit

also

applies

to

IBM’s

suppliers,

subcontractors,

and

resellers.

It

is

the

maximum

for

which

IBM

and

its

suppliers,

subcontractors

and

resellers

are

collectively

responsible.

UNDER

NO

CIRCUMSTANCES

IS

IBM

OR

ITS

SUPPLIERS,

SUBCONTRACTORS,

OR

RESELLERS

LIABLE

FOR

ANY

OF

THE

FOLLOWING

EVEN

IF

INFORMED

OF

THEIR

POSSIBILITY:

1)

THIRD

PARTY

CLAIMS

AGAINST

YOU

FOR

DAMAGES

(OTHER

THAN

THOSE

UNDER

THE

FIRST

ITEM

LISTED

ABOVE);

2)

LOSS

OF,

OR

DAMAGE

TO,

DATA;

3)

SPECIAL,

INCIDENTAL,

OR

INDIRECT

DAMAGES

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

OR

4)

LOST

PROFITS,

BUSINESS

REVENUE,

GOODWILL

OR

ANTICIPATED

SAVINGS.

SOME

STATES

OR

JURISDICTIONS

DO

NOT

ALLOW

THE

EXCLUSION

OR

LIMITATION

OF

INCIDENTAL

OR

CONSEQUENTIAL

DAMAGES,

SO

THE

ABOVE

LIMITATION

OR

EXCLUSION

MAY

NOT

APPLY

TO

YOU.

Governing

Law

22

RDX

USB

Drive

User's

Guide