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 service request procedures that IBM or your reseller provides;

b.backup or secure all programs, data, and funds contained in the Machine;

c.IBM or your reseller with sufficient, free, and safe access to your facilities to permit IBM to fulfill its obligations; and

d.inform IBM or your reseller of changes in the Machine’s location.

4.(a) ensure all information about identified or identifiable individuals (Personal Data) is deleted from the Machine (to the extent technically possible), (b) allow IBM, your reseller or an IBM supplier to process on your behalf any remaining Personal Data as IBM or your reseller considers necessary to fulfill its obligations under this Statement of Limited Warranty (which may include shipping the Machine for such processing to other IBM service locations around the world), and (c) ensure that such processing complies with any laws applicable to such Personal Data.

Limitation of Liability

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.

Neither IBM nor your reseller are responsible for any of your confidential, proprietary or personal information contained in a Machine which you return to IBM for any reason. You should remove all such information from the Machine prior to its return.

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 and your reseller. It is the maximum for which IBM, its suppliers, and your reseller are collectively responsible.

UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS 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. SOME STATES OR JURISDICTIONS

Dodatek E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 E-3

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IBM E400 manual Limitation of Liability
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E400 specifications

The IBM E400 is a powerful and versatile enterprise server designed to meet the demands of today's dynamic business environment. This server is built to optimize performance, reliability, and scalability, making it an ideal choice for organizations of all sizes that require robust computing solutions.

One of the standout features of the IBM E400 is its impressive processing capabilities. It often incorporates advanced multi-core processors that allow for higher performance in handling complex workloads and data-intensive applications. With support for virtualization technologies, the E400 can efficiently run multiple operating systems and applications on a single hardware platform, leading to reduced hardware costs and improved resource utilization.

The IBM E400 is designed with high availability in mind. It includes built-in redundancy options, such as hot-swappable components, dual power supplies, and advanced cooling systems to ensure uninterrupted operations. This reliability is crucial for businesses that rely on continuous access to their data and applications, especially in mission-critical environments.

Storage options on the IBM E400 are also noteworthy. It supports a variety of storage configurations, including SSDs and HDDs, enabling organizations to tailor their storage solutions based on performance needs and budget constraints. Additionally, the server offers advanced data protection features, such as RAID configurations and automated backup solutions, ensuring that critical data remains safe and accessible.

Security is another critical aspect of the IBM E400. It includes robust security features like hardware-based encryption, secure boot mechanisms, and centralized management capabilities that help safeguard sensitive data from unauthorized access and cyber threats. This focus on security is particularly relevant in industries where data privacy and compliance are paramount.

IBM's commitment to sustainability is evident in the E400’s design. The server is built to be energy-efficient, thereby helping organizations reduce their carbon footprint and energy costs. Features such as power-efficient processing units and intelligent cooling systems ensure that the server performs optimally while consuming less power.

In summary, the IBM E400 stands out as an enterprise-class server that delivers high performance, reliability, and security. With its advanced processing capabilities, extensive storage options, focus on high availability, and commitment to sustainability, the E400 is an excellent choice for organizations looking to modernize their IT infrastructure and enhance their operational efficiency.
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