IBM 59P5712 manual Part 2 Country-unique Terms, Limitation of Liability

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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 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law

Both you and IBM consent to the application of the laws of the country in which you acquired the Machine to govern, interpret, and enforce all of your and IBM's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.

Part 2 - Country-unique Terms

AMERICAS

BRAZIL

Governing Law: The following is added after the first sentence:

Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro.

40FAStT Host Adapter Installation and User's Guide

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Contents Installation and Users Guide Page IBM Fourth Edition June Contents Edition Notice Trademarks Safety Information To Connect To Disconnect Safety Information Viii FAStT Host Adapter Installation and Users Guide About this book How this book is organizedFAStT Host Adapter Installation and Users Guide Part I. Hardware installation FAStT Host Adapter Installation and Users Guide Fibre Channel adapter features What is Fibre Channel?Hardware overview FAStT Host Adapter Installation and Users Guide Installing the adapter Preinstallation proceduresWhat you need for the installation Handling static-sensitive devicesInstalling the IBM FAStT Host Adapter Adapter layoutsInstalling the adapter FAStT Host Adapter Installation and Users Guide Troubleshooting Hardware problemsSystem configuration problems Fibre Channel problemsFAStT Host Adapter Installation and Users Guide Part II. Software installation FAStT Host Adapter Installation and Users Guide Software overview FAStT Host Adapter Installation and Users Guide Installing the Windows NT and Windows 2000 device drivers Installing Windows NT and Windows Adding the Windows NT driverAdding the Windows 2000 driver Updating the Windows NT device driverUpdating the Windows 2000 device driver Installing the NetWare 5.1 device driver Installing the Novell NetWare device driverNetWare device driver files and parameters Load QL22 Part III. Appendices Getting help and information from the World Wide WebFAStT Host Adapter Installation and Users Guide Configuration settings Host adapter settingsAppendix A. Fast!UTIL Fast!UTIL optionsSelectable boot settings Adapter hard ID settingsRestore default settings Advanced adapter settingsAdvanced adapter settings Extended firmware settings Extended firmware settings Scan Fibre Channel devices Fibre Channel disk utilitySelect host adapter FAStT Host Adapter Installation and Users Guide Appendix B. Adapter operating environment and specifications 2 of 2. Adapter specifications Appendix C. Getting help and technical assistance Using the documentationBefore you call Software service and support Hardware service and support Getting help and information from the World Wide WebWarranty period Appendix D. Warranty informationProblem determination Warranty service and support Checking softwareInternational Warranty Service Purchasing additional servicesIBM Statement of Limited Warranty Part 1 General TermsWarranty Service Part 2 Country-unique Terms Limitation of LiabilityNorth America Hong Kong and Macau Following Terms Apply to ALL Emea Countries Following Terms Apply to the Country Specified Egypt South AFRICA, NAMIBIA, BOTSWANA, Lesotho and Swaziland Appendix E. Notices Edition NoticeTrademarks European Union EMC Directive conformance statement Industry Canada Class a emission compliance statementTaiwan electrical emission statement FAStT Host Adapter Installation and Users Guide Index FAStT Host Adapter Installation and Users Guide Page IBM