Manual Ibm e 500 (page 57 of 82) (English)

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Your Additional Responsibilities

Before your Service Provider exchanges a Machine or part, you agree to remove all

features, parts, options, alterations, and attachments not under warranty service.

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 your Service Provider service a

Machine that you do not own; and

3. where applicable, before service is provided:

a. follow the service request procedures that your Service Provider provides;

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

and

c. provide your Service Provider with sufficient, free, and safe access to your

facilities to permit Lenovo to fulfill its obligations.

(a) ensure all information about identified or identifiable individuals (Personal

Data) is deleted from the Machine (to the extent technically possible), (b) allow

your Service Provider or a supplier to process on your behalf any remaining

Personal Data as your Service Provider considers necessary to fulfill its

obligations under this Statement of Limited Warranty (which may include

shipping the Machine for such processing to other service locations around the

world), and (c) ensure that such processing complies with any laws applicable

to such Personal Data.

Limitation

of Liability

Lenovo is responsible for loss of, or damage to, your Machine only while it is 1) in

your Service Provider’s possession or 2) in transit in those cases where Lenovo is

responsible for the transportation charges.

Neither Lenovo nor your Service Provider are responsible for any of your

confidential, proprietary or personal information contained in a Machine which

you return 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 Lenovo’s part or other

liability, you are entitled to recover damages from Lenovo. In each such instance,

regardless of the basis on which you are entitled to claim damages from Lenovo

(including fundamental breach, negligence, misrepresentation, or other contract or

tort claim), except for any liability that cannot be waived or limited by applicable

laws, Lenovo is liable for no more than

1. damages for bodily injury (including death) and damage to real property and

tangible personal property for which Lenovo is legally liable; and

2. the amount of any other actual direct damages, up to the charges for the

Machine that is subject of the claim.

This

limit also applies to Lenovo’s suppliers, resellers and your Service Provider. It

is the maximum for which Lenovo, its suppliers, resellers, and your Service

Provider are collectively responsible.

UNDER NO CIRCUMSTANCES IS LENOVO, ITS SUPPLIERS, RESELLERS OR

SERVICE PROVIDERS 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,

Appendix E. Lenovo Statement of Limited Warranty E-3

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Ibm e 500 Manual

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