all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.

Limitation of Liability: The following replaces the terms of this section in its entirety:

For the purposes of this section, a Defaultmeans any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of this Statement of Limited Warranty in respect of which IBM is legally liable to you, whether in contract or tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default occurring on the date of occurrence of the last such Default.

Circumstances may arise where, because of a Default, you are entitled to recover damages from IBM.

This section sets out the extent of IBM’s liability and your sole remedy.

1.IBM will accept unlimited liability for death or personal injury caused by the negligence of IBM.

2.Subject always to the Items for Which IBM is Not Liable below, IBM will accept unlimited liability for physical damage to your tangible property resulting from the negligence of IBM.

3.Except as provided in items 1 and 2 above, IBM’s entire liability for actual damages for any one Default will not in any event exceed the greater of 1) EUR 125,000, or 2) 125% of the amount you paid for the Machine directly relating to the Default.

Items for Which IBM is Not Liable

Save with respect to any liability referred to in item 1 above, under no circumstances is IBM, its suppliers or resellers liable for any of the following, even if IBM or they were informed of the possibility of such losses:

1.loss of, or damage to, data;

2.special, indirect, or consequential loss; or

3.loss of profits, business, revenue, goodwill, or anticipated savings.

SLOVAKIA

Limitation of Liability: The following is added to the end of the last paragraph:

The limitations apply to the extent they are not prohibited under §§ 373-386 of the Slovak Commercial Code.

SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND

Limitation of Liability: The following is added to this section:

IBM’s entire liability to you for actual damages arising in all situations involving nonperformance by IBM in respect of the subject matter of this Statement of Warranty will be limited to the charge paid by you for the individual Machine that is the subject of your claim from IBM.

UNITED KINGDOM

Limitation of Liability: The following replaces the terms of this section in its entirety:

Dodatek E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 E-13

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IBM E400 manual Items for Which IBM is Not Liable, Slovakia, South AFRICA, NAMIBIA, BOTSWANA, Lesotho and Swaziland

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.