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.

NORTH AMERICA

60ThinkPad® R40 Series Service and Troubleshooting Guide

Page 72
Image 72
IBM R40 manual Part 2 Country-unique Terms, Limitation of Liability

R40 specifications

The IBM R40, part of the ThinkPad series, is a robust laptop that was introduced in the early 2000s, catering primarily to business professionals and demanding users. The R40 is notable for its combination of performance, reliability, and mobility, making it an attractive choice for those seeking a dependable mobile computing solution.

One of the standout features of the R40 is its sturdy design, which embodies the ThinkPad philosophy of durability and ergonomics. The laptop has a classic black chassis made from high-quality plastic and reinforced with magnesium alloy, providing resistance against everyday wear and tear. The spill-resistant keyboard is another practical aspect, designed to prevent damage from liquid spills.

The R40 is powered by Microsoft Windows XP, one of the most widely used operating systems during its time. It is equipped with a range of processors, including the Intel Pentium 4 M or the Pentium M, which contribute to its commendable performance in multitasking and running business applications. The laptop typically comes with 256 MB to 2 GB of RAM, with the flexibility to expand depending on user requirements, and a hard drive capacity of 30 GB to 100 GB for ample storage of files and software.

In terms of display, the R40 features a 14.1-inch or 15-inch XGA screen, providing clear visual performance for both professional and personal use. The TFT display offers vibrant colors and decent viewing angles, making it suitable for presentations and video playback. Additionally, the R40 includes an integrated graphics card, which provides adequate performance for general use, though it may struggle with intensive graphic applications.

The R40 is equipped with essential connectivity options, including USB ports, a PC Card slot, and a built-in Ethernet port for wired connections. Optional wireless connectivity through Wi-Fi is also available, allowing users to stay connected to the internet on the go. The presence of a DVD-ROM drive or optional CD-RW/DVD combo drive enhances its functionality, enabling users to access software and media easily.

Battery life is a crucial factor for portable devices, and the R40 offers moderate longevity, enabling around 3 to 4 hours of usage on a fully charged battery, depending on usage patterns. This ability to sustain work sessions without constant access to a power outlet increases its appeal for business travelers.

Overall, the IBM R40 is characterized by its reliable build quality, moderate performance, and comprehensive features, making it a suitable choice for users who prioritize functionality and durability in their laptop. Its design has stood the test of time, and it remains a respected option among those with an appreciation for the classic ThinkPad lineage.