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IBM M400 Projector User Manual

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    							functionally
     
    equivalent
     
    to
     
    the
     
    item
     
    replaced.
     
    The
     
    replacement
     
    assumes
     
    the
     
    warranty
     
    service
     
    status
     
    of
     
    the
     
    replaced
     
    item.
     
    Your
     
    Additional
     
    Responsibilities
     
    Before
     
    IBM
     
    or
     
    your
     
    reseller
     
    exchanges
     
    a
     
    Machine
     
    or
     
    part,
     
    you
     
    agree
     
    to
     
    remove
     
    all
     
    features,
     
    parts,
     
    options,
     
    alterations,
     
    and
     
    attachments
     
    not
     
    under
     
    warranty
     
    service.
     
    Yo u
     
    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.
     
    Yo u
     
    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″).
      
    Appendix
     
    E.
     
    IBM
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    -
     
    Z125-4753-07
     
    -
     
    11/2002
     
    E-3 
    						
    							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
     
    PA RT Y
     
    CLAIMS
     
    AGAINST
     
    YOU
     
    FOR
     
    DAMAGES
     
    (OTHER
     
    THAN
     
    THOSE
     
    UNDER
     
    THE
     
    FIRST
     
    ITEM
     
    LISTED
     
    ABOVE);
     
    2)
     
    LOSS
     
    OF,
     
    OR
     
    DAMAGE
     
    TO,
     
    D ATA ;
     
    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
     
    DO
     
    NOT
     
    ALLOW
     
    LIMITATIONS
     
    ON
     
    HOW
     
    LONG
     
    AN
     
    IMPLIED
     
    WARRANTY
     
    LASTS,
     
    SO
     
    THE
     
    ABOVE
     
    LIMITATION
     
    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
     
    Statement
     
    of
     
    Limited
     
    Warranty,
     
    without
     
    regard
     
    to
     
    conflict
     
    of
     
    law
     
    principles.
     
    THESE
     
    WARRANTIES
     
    GIVE
     
    YOU
     
    SPECIFIC
     
    LEGAL
     
    RIGHTS
     
    AND
     
    YOU
     
    MAY
     
    ALSO
     
    HAVE
     
    OTHER
     
    RIGHTS
     
    WHICH
     
    VA R Y
     
    FROM
     
    S TAT E
     
    TO
     
    S TAT E
     
    OR
     
    JURISDICTION
     
    TO
     
    JURISDICTION.
     
    Jurisdiction
     
    All
     
    of
     
    our
     
    rights,
     
    duties,
     
    and
     
    obligations
     
    are
     
    subject
     
    to
     
    the
     
    courts
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine.
     
    Part
     
    2
     
    -
     
    Country-unique
     
    Terms
     
    AMERICAS
     
    ARGENTINA
     
    Governing
     
    Law:
     
    The
     
    following
     
    is
     
    added
     
    after
     
    the
     
    first
     
    sentence:
     
    Any
     
    litigation
     
    arising
     
    from
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    be
     
    settled
     
    exclusively
     
    by
     
    the
     
    Ordinary
     
    Commercial
     
    Court
     
    of
     
    the
     
    city
     
    of
     
    Buenos
     
    Aires.
     
    BRAZIL
     
    Governing
     
    Law:
     
    The
     
    following
     
    is
     
    added
     
    after
     
    the
     
    first
     
    sentence:
    Any
     
    litigation
     
    arising
     
    from
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    be
     
    settled
     
    exclusively
     
    by
     
    the
     
    court
     
    of
     
    Rio
     
    de
     
    Janeiro,
     
    RJ.
     
    Peru
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    is
     
    added
     
    at
     
    the
     
    end
     
    of
     
    this
     
    section:
       
    E-4
     
    IBM
     
    M400
     
    PROJECTOR:
     
    User ’s
     
    Guide 
    						
    							In
     
    accordance
     
    with
     
    Article
     
    1328
     
    of
     
    the
     
    Peruvian
     
    Civil
     
    Code
     
    the
     
    limitations
     
    and
     
    exclusions
     
    specified
     
    in
     
    this
     
    section
     
    will
     
    not
     
    apply
     
    to
     
    damages
     
    caused
     
    by
     
    IBM’s
     
    willful
     
    misconduct
     
    (″dolo″)
     
    or
     
    gross
     
    negligence
     
    (″culpa
     
    inexcusable″).
     
    NORTH
     
    AMERICA
     
    How
     
    to
     
    Obtain
     
    Warranty
     
    Service:
     
    The
     
    following
     
    is
     
    added
     
    to
     
    this
     
    Section:
     
    To
     
    obtain
     
    warranty
     
    service
     
    from
     
    IBM
     
    in
     
    Canada
     
    or
     
    the
     
    United
     
    States,
     
    call
     
    1-800-IBM-SERV
     
    (426-7378).
     
    CANADA
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    item
     
    1
     
    of
     
    this
     
    section:
     
    1.
     
     
     
    damages
     
    for
     
    bodily
     
    injury
     
    (including
     
    death)
     
    or
     
    physical
     
    harm
     
    to
     
    real
     
    property
     
    and
     
    tangible
     
    personal
     
    property
     
    caused
     
    by
     
    IBM’s
     
    negligence;
     
    and
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    “laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine”
     
    in
     
    the
     
    first
     
    sentence:
     
    laws
     
    in
     
    the
     
    Province
     
    of
     
    Ontario.
     
    UNITED
     
    STATES
     
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    “laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine”
     
    in
     
    the
     
    first
     
    sentence:
     
    laws
     
    of
     
    the
     
    State
     
    of
     
    New
     
    York.
     
    ASIA
     
    PACIFIC
     
    AUSTRALIA
     
    What
     
    this
     
    Warranty
     
    Covers:
     
    The
     
    following
     
    paragraph
     
    is
     
    added
     
    to
     
    this
     
    Section:
     
    The
     
    warranties
     
    specified
     
    in
     
    this
     
    Section
     
    are
     
    in
     
    addition
     
    to
     
    any
     
    rights
     
    you
     
    may
     
    have
     
    under
     
    the
     
    Trade
     
    Practices
     
    Act
     
    1974
     
    or
     
    other
     
    similar
     
    legislation
     
    and
     
    are
     
    only
     
    limited
     
    to
     
    the
     
    extent
     
    permitted
     
    by
     
    the
     
    applicable
     
    legislation.
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    is
     
    added
     
    to
     
    this
     
    Section:
     
    Where
     
    IBM
     
    is
     
    in
     
    breach
     
    of
     
    a
     
    condition
     
    or
     
    warranty
     
    implied
     
    by
     
    the
     
    Trade
     
    Practices
     
    Act
     
    1974
     
    or
     
    other
     
    similar
     
    legislation,
     
    IBM’s
     
    liability
     
    is
     
    limited
     
    to
     
    the
     
    repair
     
    or
     
    replacement
     
    of
     
    the
     
    goods
     
    or
     
    the
     
    supply
     
    of
     
    equivalent
     
    goods.
     
    Where
     
    that
     
    condition
     
    or
     
    warranty
     
    relates
     
    to
     
    right
     
    to
     
    sell,
     
    quiet
     
    possession
     
    or
     
    clear
     
    title,
     
    or
     
    the
     
    goods
     
    are
     
    of
     
    a
     
    kind
     
    ordinarily
     
    acquired
     
    for
     
    personal,
     
    domestic
     
    or
     
    household
     
    use
     
    or
     
    consumption,
     
    then
     
    none
     
    of
     
    the
     
    limitations
     
    in
     
    this
     
    paragraph
     
    apply.
     
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    “laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine”
     
    in
     
    the
     
    first
     
    sentence:
     
    laws
     
    of
     
    the
     
    State
     
    or
     
    Territory.
     
    CAMBODIA,
     
    LAOS,
     
    AND
     
    VIETNAM
     
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    “laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine”
     
    in
     
    the
     
    first
     
    sentence:
    laws
     
    of
     
    the
     
    State
     
    of
     
    New
     
    York,
     
    United
     
    States
     
    of
     
    America.
     
    CAMBODIA,
     
    INDONESIA,
     
    LAOS,
     
    AND
     
    VIETNAM
       
    Appendix
     
    E.
     
    IBM
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    -
     
    Z125-4753-07
     
    -
     
    11/2002
     
    E-5 
    						
    							Arbitration:
     
    The
     
    following
     
    is
     
    added
     
    under
     
    this
     
    heading:
     
    Disputes
     
    arising
     
    out
     
    of
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    shall
     
    be
     
    finally
     
    settled
     
    by
     
    arbitration
     
    which
     
    shall
     
    be
     
    held
     
    in
     
    Singapore
     
    in
     
    accordance
     
    with
     
    the
     
    Arbitration
     
    Rules
     
    of
     
    Singapore
     
    International
     
    Arbitration
     
    Center
     
    (″SIAC
     
    Rules″)
     
    then
     
    in
     
    effect.
     
    The
     
    arbitration
     
    award
     
    shall
     
    be
     
    final
     
    and
     
    binding
     
    for
     
    the
     
    parties
     
    without
     
    appeal
     
    and
     
    shall
     
    be
     
    in
     
    writing
     
    and
     
    set
     
    forth
     
    the
     
    findings
     
    of
     
    fact
     
    and
     
    the
     
    conclusions
     
    of
     
    law.
     
    The
     
    number
     
    of
     
    arbitrators
     
    shall
     
    be
     
    three,
     
    with
     
    each
     
    side
     
    to
     
    the
     
    dispute
     
    being
     
    entitled
     
    to
     
    appoint
     
    one
     
    arbitrator.
     
    The
     
    two
     
    arbitrators
     
    appointed
     
    by
     
    the
     
    parties
     
    shall
     
    appoint
     
    a
     
    third
     
    arbitrator
     
    who
     
    shall
     
    act
     
    as
     
    chairman
     
    of
     
    the
     
    proceedings.
     
    Vacancies
     
    in
     
    the
     
    post
     
    of
     
    chairman
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    president
     
    of
     
    the
     
    SIAC.
     
    Other
     
    vacancies
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    respective
     
    nominating
     
    party.
     
    Proceedings
     
    shall
     
    continue
     
    from
     
    the
     
    stage
     
    they
     
    were
     
    at
     
    when
     
    the
     
    vacancy
     
    occurred.
     
    If
     
    one
     
    of
     
    the
     
    parties
     
    refuses
     
    or
     
    otherwise
     
    fails
     
    to
     
    appoint
     
    an
     
    arbitrator
     
    within
     
    30
     
    days
     
    of
     
    the
     
    date
     
    the
     
    other
     
    party
     
    appoints
     
    its,
     
    the
     
    first
     
    appointed
     
    arbitrator
     
    shall
     
    be
     
    the
     
    sole
     
    arbitrator,
     
    provided
     
    that
     
    the
     
    arbitrator
     
    was
     
    validly
     
    and
     
    properly
     
    appointed.
     
    All
     
    proceedings
     
    shall
     
    be
     
    conducted,
     
    including
     
    all
     
    documents
     
    presented
     
    in
     
    such
     
    proceedings,
     
    in
     
    the
     
    English
     
    language.
     
    The
     
    English
     
    language
     
    version
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    prevails
     
    over
     
    any
     
    other
     
    language
     
    version.
     
    HONG
     
    KONG
     
    S.A.R.
     
    OF
     
    CHINA
     
    AND
     
    MACAU
     
    S.A.R.
     
    OF
     
    CHINA
     
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    “laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine”
     
    in
     
    the
     
    first
     
    sentence:
     
    laws
     
    of
     
    Hong
     
    Kong
     
    Special
     
    Administrative
     
    Region
     
    of
     
    China.
     
    INDIA
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    items
     
    1
     
    and
     
    2
     
    of
     
    this
     
    Section:
     
    1.
     
     
     
    liability
     
    for
     
    bodily
     
    injury
     
    (including
     
    death)
     
    or
     
    damage
     
    to
     
    real
     
    property
     
    and
     
    tangible
     
    personal
     
    property
     
    will
     
    be
     
    limited
     
    to
     
    that
     
    caused
     
    by
     
    IBM’s
     
    negligence;
     
    and
     
    2.
     
     
     
    as
     
    to
     
    any
     
    other
     
    actual
     
    damage
     
    arising
     
    in
     
    any
     
    situation
     
    involving
     
    nonperformance
     
    by
     
    IBM
     
    pursuant
     
    to,
     
    or
     
    in
     
    any
     
    way
     
    related
     
    to
     
    the
     
    subject
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty,
     
    the
     
    charge
     
    paid
     
    by
     
    you
     
    for
     
    the
     
    individual
     
    Machine
     
    that
     
    is
     
    the
     
    subject
     
    of
     
    the
     
    claim.
     
    For
     
    purposes
     
    of
     
    this
     
    item,
     
    the
     
    term
     
    ″Machine″
     
    includes
     
    Machine
     
    Code
     
    and
     
    Licensed
     
    Internal
     
    Code
     
    (″LIC″).
    Arbitration:
     
    The
     
    following
     
    is
     
    added
     
    under
     
    this
     
    heading
     
    :
     
    Disputes
     
    arising
     
    out
     
    of
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    shall
     
    be
     
    finally
     
    settled
     
    by
     
    arbitration
     
    which
     
    shall
     
    be
     
    held
     
    in
     
    Bangalore,
     
    India
     
    in
     
    accordance
     
    with
     
    the
     
    laws
     
    of
     
    India
     
    then
     
    in
     
    effect.
     
    The
     
    arbitration
     
    award
     
    shall
     
    be
     
    final
     
    and
     
    binding
     
    for
     
    the
     
    parties
     
    without
     
    appeal
     
    and
     
    shall
     
    be
     
    in
     
    writing
     
    and
     
    set
     
    forth
     
    the
     
    findings
     
    of
     
    fact
     
    and
     
    the
     
    conclusions
     
    of
     
    law.
     
    The
     
    number
     
    of
     
    arbitrators
     
    shall
     
    be
     
    three,
     
    with
     
    each
     
    side
     
    to
     
    the
     
    dispute
     
    being
     
    entitled
     
    to
     
    appoint
     
    one
     
    arbitrator.
     
    The
     
    two
     
    arbitrators
     
    appointed
     
    by
     
    the
     
    parties
     
    shall
     
    appoint
     
    a
     
    third
     
    arbitrator
     
    who
     
    shall
     
    act
     
    as
     
    chairman
     
    of
     
    the
     
    proceedings.
     
    Vacancies
     
    in
     
    the
     
    post
     
    of
     
    chairman
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    president
     
    of
     
    the
     
    Bar
     
    Council
     
    of
     
    India.
     
    Other
     
    vacancies
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    respective
     
    nominating
     
    party.
     
    Proceedings
     
    shall
     
    continue
     
    from
     
    the
     
    stage
     
    they
     
    were
     
    at
     
    when
     
    the
     
    vacancy
     
    occurred.
       
    E-6
     
    IBM
     
    M400
     
    PROJECTOR:
     
    User ’s
     
    Guide 
    						
    							If
     
    one
     
    of
     
    the
     
    parties
     
    refuses
     
    or
     
    otherwise
     
    fails
     
    to
     
    appoint
     
    an
     
    arbitrator
     
    within
     
    30
     
    days
     
    of
     
    the
     
    date
     
    the
     
    other
     
    party
     
    appoints
     
    its,
     
    the
     
    first
     
    appointed
     
    arbitrator
     
    shall
     
    be
     
    the
     
    sole
     
    arbitrator,
     
    provided
     
    that
     
    the
     
    arbitrator
     
    was
     
    validly
     
    and
     
    properly
     
    appointed.
     
    All
     
    proceedings
     
    shall
     
    be
     
    conducted,
     
    including
     
    all
     
    documents
     
    presented
     
    in
     
    such
     
    proceedings,
     
    in
     
    the
     
    English
     
    language.
     
    The
     
    English
     
    language
     
    version
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    prevails
     
    over
     
    any
     
    other
     
    language
     
    version.
     
    JAPAN
     
    Governing
     
    Law:
     
    The
     
    following
     
    sentence
     
    is
     
    added
     
    to
     
    this
     
    section:
    Any
     
    doubts
     
    concerning
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    be
     
    initially
     
    resolved
     
    between
     
    us
     
    in
     
    good
     
    faith
     
    and
     
    in
     
    accordance
     
    with
     
    the
     
    principle
     
    of
     
    mutual
     
    trust.
     
    MALAYSIA
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    word
     
    ″SPECIAL″
     
    in
     
    item
     
    3
     
    of
     
    the
     
    fifth
     
    paragraph
     
    is
     
    deleted.
     
    NEW
     
    ZEALAND
     
    What
     
    this
     
    Warranty
     
    Covers:
     
    The
     
    following
     
    paragraph
     
    is
     
    added
     
    to
     
    this
     
    section:
     
    The
     
    warranties
     
    specified
     
    in
     
    this
     
    section
     
    are
     
    in
     
    addition
     
    to
     
    any
     
    rights
     
    you
     
    may
     
    have
     
    under
     
    the
     
    Consumer
     
    Guarantees
     
    Act
     
    1993
     
    or
     
    other
     
    legislation
     
    which
     
    cannot
     
    be
     
    excluded
     
    or
     
    limited.
     
    The
     
    Consumer
     
    Guarantees
     
    Act
     
    1993
     
    will
     
    not
     
    apply
     
    in
     
    respect
     
    of
     
    any
     
    goods
     
    which
     
    IBM
     
    provides,
     
    if
     
    you
     
    require
     
    the
     
    goods
     
    for
     
    the
     
    purposes
     
    of
     
    a
     
    business
     
    as
     
    defined
     
    in
     
    that
     
    Act.
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    is
     
    added
     
    to
     
    this
     
    section:
    Where
     
    Machines
     
    are
     
    not
     
    acquired
     
    for
     
    the
     
    purposes
     
    of
     
    a
     
    business
     
    as
     
    defined
     
    in
     
    the
     
    Consumer
     
    Guarantees
     
    Act
     
    1993,
     
    the
     
    limitations
     
    in
     
    this
     
    section
     
    are
     
    subject
     
    to
     
    the
     
    limitations
     
    in
     
    that
     
    Act.
     
    PEOPLE’S
     
    REPUBLIC
     
    OF
     
    CHINA
     
    (PRC)
     
    Governing
     
    Law:
     
    The
     
    following
     
    replaces
     
    ″laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine″
     
    in
     
    the
     
    first
     
    sentence:
     
    laws
     
    of
     
    the
     
    State
     
    of
     
    New
     
    York,
     
    United
     
    States
     
    of
     
    America
     
    (except
     
    when
     
    local
     
    law
     
    requires
     
    otherwise).
     
    PHILIPPINES
     
    Limitation
     
    of
     
    Liability:
     
    Item
     
    3
     
    in
     
    the
     
    fifth
     
    paragraph
     
    is
     
    replaced
     
    by
     
    the
     
    following:
     
    SPECIAL
     
    (INCLUDING
     
    NOMINAL
     
    AND
     
    EXEMPLARY
     
    DAMAGES),
     
    MORAL,
     
    INCIDENTAL,
     
    OR
     
    INDIRECT
     
    DAMAGES
     
    FOR
     
    ANY
     
    ECONOMIC
     
    CONSEQUENTIAL
     
    DAMAGES;
     
    OR
     
    Arbitration:
     
    The
     
    following
     
    is
     
    added
     
    under
     
    this
     
    heading
     
    Disputes
     
    arising
     
    out
     
    of
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    shall
     
    be
     
    finally
     
    settled
     
    by
     
    arbitration
     
    which
     
    shall
     
    be
     
    held
     
    in
     
    Metro
     
    Manila,
     
    Philippines
     
    in
     
    accordance
     
    with
     
    the
     
    laws
     
    of
     
    the
     
    Philippines
     
    then
     
    in
     
    effect.
     
    The
       
    Appendix
     
    E.
     
    IBM
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    -
     
    Z125-4753-07
     
    -
     
    11/2002
     
    E-7 
    						
    							arbitration
     
    award
     
    shall
     
    be
     
    final
     
    and
     
    binding
     
    for
     
    the
     
    parties
     
    without
     
    appeal
     
    and
     
    shall
     
    be
     
    in
     
    writing
     
    and
     
    set
     
    forth
     
    the
     
    findings
     
    of
     
    fact
     
    and
     
    the
     
    conclusions
     
    of
     
    law.
     
    The
     
    number
     
    of
     
    arbitrators
     
    shall
     
    be
     
    three,
     
    with
     
    each
     
    side
     
    to
     
    the
     
    dispute
     
    being
     
    entitled
     
    to
     
    appoint
     
    one
     
    arbitrator.
     
    The
     
    two
     
    arbitrators
     
    appointed
     
    by
     
    the
     
    parties
     
    shall
     
    appoint
     
    a
     
    third
     
    arbitrator
     
    who
     
    shall
     
    act
     
    as
     
    chairman
     
    of
     
    the
     
    proceedings.
     
    Vacancies
     
    in
     
    the
     
    post
     
    of
     
    chairman
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    president
     
    of
     
    the
     
    Philippine
     
    Dispute
     
    Resolution
     
    Center,
     
    Inc.
     
    Other
     
    vacancies
     
    shall
     
    be
     
    filled
     
    by
     
    the
     
    respective
     
    nominating
     
    party.
     
    Proceedings
     
    shall
     
    continue
     
    from
     
    the
     
    stage
     
    they
     
    were
     
    at
     
    when
     
    the
     
    vacancy
     
    occurred.
     
    If
     
    one
     
    of
     
    the
     
    parties
     
    refuses
     
    or
     
    otherwise
     
    fails
     
    to
     
    appoint
     
    an
     
    arbitrator
     
    within
     
    30
     
    days
     
    of
     
    the
     
    date
     
    the
     
    other
     
    party
     
    appoints
     
    its,
     
    the
     
    first
     
    appointed
     
    arbitrator
     
    shall
     
    be
     
    the
     
    sole
     
    arbitrator,
     
    provided
     
    that
     
    the
     
    arbitrator
     
    was
     
    validly
     
    and
     
    properly
     
    appointed.
     
    All
     
    proceedings
     
    shall
     
    be
     
    conducted,
     
    including
     
    all
     
    documents
     
    presented
     
    in
     
    such
     
    proceedings,
     
    in
     
    the
     
    English
     
    language.
     
    The
     
    English
     
    language
     
    version
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    prevails
     
    over
     
    any
     
    other
     
    language
     
    version.
     
    SINGAPORE
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    words
     
    ″SPECIAL″
     
    and
     
    ″ECONOMIC″
     
    in
     
    item
     
    3
     
    in
     
    the
     
    fifth
     
    paragraph
     
    are
     
    deleted.
     
    EUROPE,
     
    MIDDLE
     
    EAST,
     
    AFRICA
     
    (EMEA)
     
    THE
     
    FOLLOWING
     
    TERMS
     
    APPLY
     
    TO
     
    ALL
     
    EMEA
     
    COUNTRIES:
     
    The
     
    terms
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    apply
     
    to
     
    Machines
     
    purchased
     
    from
     
    IBM
     
    or
     
    an
     
    IBM
     
    reseller.
     
    How
     
    to
     
    Obtain
     
    Warranty
     
    Service:
     
    If
     
    you
     
    purchase
     
    a
     
    Machine
     
    in
     
    Austria,
     
    Belgium,
     
    Cyprus,
     
    Denmark,
     
    Estonia,
     
    Finland,
     
    France,
     
    Germany,
     
    Greece,
     
    Iceland,
     
    Ireland,
     
    Italy,
     
    Latvia,
     
    Liechtenstein,
     
    Lithuania,
     
    Luxembourg,
     
    Monaco,
     
    Netherlands,
     
    Norway,
     
    Portugal,
     
    Spain,
     
    San
     
    Marino,
     
    Sweden,
     
    Switzerland,
     
    United
     
    Kingdom
     
    or
     
    Vatican
     
    State,
     
    you
     
    may
     
    obtain
     
    warranty
     
    service
     
    for
     
    that
     
    Machine
     
    in
     
    any
     
    of
     
    those
     
    countries
     
    from
     
    either
     
    (1)
     
    an
     
    IBM
     
    reseller
     
    approved
     
    to
     
    perform
     
    warranty
     
    service
     
    or
     
    (2)
     
    from
     
    IBM,
     
    provided
     
    the
     
    Machine
     
    has
     
    been
     
    announced
     
    and
     
    made
     
    available
     
    by
     
    IBM
     
    in
     
    the
     
    country
     
    in
     
    which
     
    you
     
    wish
     
    to
     
    obtain
     
    service.
     
    If
     
    you
     
    purchased
     
    a
     
    Personal
     
    Computer
     
    Machine
     
    in
     
    Albania,
     
    Armenia,
     
    Belarus,
     
    Bosnia
     
    and
     
    Herzegovina,
     
    Bulgaria,
     
    Croatia,
     
    Czech
     
    Republic,
     
    Georgia,
     
    Hungary,
     
    Kazakhstan,
     
    Kyrgyzstan,
     
    Federal
     
    Republic
     
    of
     
    Yugoslavia,
     
    Former
     
    Yugoslav
     
    Republic
     
    of
     
    Macedonia
     
    (FYROM),
     
    Moldova,
     
    Poland,
     
    Romania,
     
    Russia,
     
    Slovak
     
    Republic,
     
    Slovenia,
     
    or
     
    Ukraine,
     
    you
     
    may
     
    obtain
     
    warranty
     
    service
     
    for
     
    that
     
    Machine
     
    in
     
    any
     
    of
     
    those
     
    countries
     
    from
     
    either
     
    (1)
     
    an
     
    IBM
     
    reseller
     
    approved
     
    to
     
    perform
     
    warranty
     
    service
     
    or
     
    (2)
     
    from
     
    IBM.
     
    If
     
    you
     
    purchase
     
    a
     
    Machine
     
    in
     
    a
     
    Middle
     
    Eastern
     
    or
     
    African
     
    country,
     
    you
     
    may
     
    obtain
     
    warranty
     
    service
     
    for
     
    that
     
    Machine
     
    from
     
    the
     
    IBM
     
    entity
     
    within
     
    the
     
    country
     
    of
     
    purchase,
     
    if
     
    that
     
    IBM
     
    entity
     
    provides
     
    warranty
     
    service
     
    in
     
    that
     
    country,
     
    or
     
    from
     
    an
     
    IBM
     
    reseller,
     
    approved
     
    by
     
    IBM
     
    to
     
    perform
     
    warranty
     
    service
     
    on
     
    that
     
    Machine
     
    in
     
    that
     
    country.
     
    Warranty
     
    service
     
    in
     
    Africa
     
    is
     
    available
     
    within
     
    50
     
    kilometers
     
    of
     
    an
     
    IBM
     
    approved
     
    service
     
    provider.
     
    Yo u
     
    are
     
    responsible
     
    for
     
    transportation
     
    costs
     
    for
     
    Machines
     
    located
     
    outside
     
    50
     
    kilometers
     
    of
     
    an
     
    IBM
     
    approved
     
    service
     
    provider.
       
    E-8
     
    IBM
     
    M400
     
    PROJECTOR:
     
    User ’s
     
    Guide 
    						
    							Add
     
    the
     
    following
     
    paragraph
     
    in
     
    Western
     
    Europe
     
    (Austria,
     
    Belgium,
     
    Cyprus,
     
    Denmark,
     
    Finland,
     
    France,
     
    Germany,
     
    Greece,
     
    Iceland,
     
    Ireland,
     
    Italy,
     
    Liechtenstein,
     
    Luxembourg,
     
    Monaco,
     
    Netherlands,
     
    Norway,
     
    Portugal,
     
    Spain,
     
    San
     
    Marino,
     
    Sweden,
     
    Switzerland,
     
    United
     
    Kingdom,
     
    Vatican
     
    State):
     
    The
     
    warranty
     
    for
     
    Machines
     
    acquired
     
    in
     
    Western
     
    Europe
     
    shall
     
    be
     
    valid
     
    and
     
    applicable
     
    in
     
    all
     
    Western
     
    Europe
     
    countries
     
    provided
     
    the
     
    Machines
     
    have
     
    been
     
    announced
     
    and
     
    made
     
    available
     
    in
     
    such
     
    countries.
     
    Governing
     
    Law:
     
    The
     
    phrase
     
    ″the
     
    laws
     
    of
     
    the
     
    country
     
    in
     
    which
     
    you
     
    acquired
     
    the
     
    Machine″
     
    is
     
    replaced
     
    by:
     
    1)
     
    ″the
     
    laws
     
    of
     
    Austria″
     
    in
     
    Albania,
     
    Armenia,
     
    Azerbaijan,
     
    Belarus,
     
    Bosnia-Herzegovina,
     
    Bulgaria,
     
    Croatia,
     
    Georgia,
     
    Hungary,
     
    Kazakhstan,
     
    Kyrgyzstan,
     
    FYR
     
    Macedonia,
     
    Moldova,
     
    Poland,
     
    Romania,
     
    Russia,
     
    Slovakia,
     
    Slovenia,
     
    Tajikistan,
     
    Turkmenistan,
     
    Ukraine,
     
    Uzbekistan,
     
    and
     
    FR
     
    Yugoslavia;
     
    2)
     
    ″the
     
    laws
     
    of
     
    France″
     
    in
     
    Algeria,
     
    Benin,
     
    Burkina
     
    Faso,
     
    Cameroon,
     
    Cape
     
    Verde,
     
    Central
     
    African
     
    Republic,
     
    Chad,
     
    Comoros,
     
    Congo
     
    Republic,
     
    Djibouti,
     
    Democratic
     
    Republic
     
    of
     
    Congo,
     
    Equatorial
     
    Guinea,
     
    French
     
    Guiana,
     
    French
     
    Polynesia,
     
    Gabon,
     
    Gambia,
     
    Guinea,
     
    Guinea-Bissau,
     
    Ivory
     
    Coast,
     
    Lebanon,
     
    Madagascar,
     
    Mali,
     
    Mauritania,
     
    Mauritius,
     
    Mayotte,
     
    Morocco,
     
    New
     
    Caledonia,
     
    Niger,
     
    Reunion,
     
    Senegal,
     
    Seychelles,
     
    Togo,
     
    Tunisia,
     
    Vanuatu,
     
    and
     
    Wallis
     
    &
     
    Futuna;
     
    3)
     
    ″the
     
    laws
     
    of
     
    Finland″
     
    in
     
    Estonia,
     
    Latvia,
     
    and
     
    Lithuania;
     
    4)
     
    ″the
     
    laws
     
    of
     
    England″
     
    in
     
    Angola,
     
    Bahrain,
     
    Botswana,
     
    Burundi,
     
    Egypt,
     
    Eritrea,
     
    Ethiopia,
     
    Ghana,
     
    Jordan,
     
    Kenya,
     
    Kuwait,
     
    Liberia,
     
    Malawi,
     
    Malta,
     
    Mozambique,
     
    Nigeria,
     
    Oman,
     
    Pakistan,
     
    Qatar,
     
    Rwanda,
     
    Sao
     
    Tome,
     
    Saudi
     
    Arabia,
     
    Sierra
     
    Leone,
     
    Somalia,
     
    Tanzania,
     
    Uganda,
     
    United
     
    Arab
     
    Emirates,
     
    the
     
    United
     
    Kingdom,
     
    West
     
    Bank/Gaza,
     
    Yemen,
     
    Zambia,
     
    and
     
    Zimbabwe;
     
    and
     
    5)
     
    ″the
     
    laws
     
    of
     
    South
     
    Africa″
     
    in
     
    South
     
    Africa,
     
    Namibia,
     
    Lesotho
     
    and
     
    Swaziland.
     
    Jurisdiction:
     
    The
     
    following
     
    exceptions
     
    are
     
    added
     
    to
     
    this
     
    section:
     
    1)
     
    In
     
    Austria
     
    the
     
    choice
     
    of
     
    jurisdiction
     
    for
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    and
     
    relating
     
    thereto,
     
    including
     
    its
     
    existence,
     
    will
     
    be
     
    the
     
    competent
     
    court
     
    of
     
    law
     
    in
     
    Vienna,
     
    Austria
     
    (Inner-City);
     
    2)
     
    in
     
    Angola,
     
    Bahrain,
     
    Botswana,
     
    Burundi,
     
    Egypt,
     
    Eritrea,
     
    Ethiopia,
     
    Ghana,
     
    Jordan,
     
    Kenya,
     
    Kuwait,
     
    Liberia,
     
    Malawi,
     
    Malta,
     
    Mozambique,
     
    Nigeria,
     
    Oman,
     
    Pakistan,
     
    Qatar,
     
    Rwanda,
     
    Sao
     
    Tome,
     
    Saudi
     
    Arabia,
     
    Sierra
     
    Leone,
     
    Somalia,
     
    Tanzania,
     
    Uganda,
     
    United
     
    Arab
     
    Emirates,
     
    West
     
    Bank/Gaza,
     
    Yemen,
     
    Zambia,
     
    and
     
    Zimbabwe
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    or
     
    related
     
    to
     
    its
     
    execution,
     
    including
     
    summary
     
    proceedings,
     
    will
     
    be
     
    submitted
     
    to
     
    the
     
    exclusive
     
    jurisdiction
     
    of
     
    the
     
    English
     
    courts;
     
    3)
     
    in
     
    Belgium
     
    and
     
    Luxembourg,
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    or
     
    related
     
    to
     
    its
     
    interpretation
     
    or
     
    its
     
    execution,
     
    the
     
    law,
     
    and
     
    the
     
    courts
     
    of
     
    the
     
    capital
     
    city,
     
    of
     
    the
     
    country
     
    of
     
    your
     
    registered
     
    office
     
    and/or
     
    commercial
     
    site
     
    location
     
    only
     
    are
     
    competent;
     
    4)
     
    in
     
    France,
     
    Algeria,
     
    Benin,
     
    Burkina
     
    Faso,
     
    Cameroon,
     
    Cape
     
    Verde,
     
    Central
     
    African
     
    Republic,
     
    Chad,
     
    Comoros,
     
    Congo
     
    Republic,
     
    Djibouti,
     
    Democratic
     
    Republic
     
    of
     
    Congo,
     
    Equatorial
     
    Guinea,
     
    French
     
    Guiana,
     
    French
     
    Polynesia,
     
    Gabon,
     
    Gambia,
     
    Guinea,
     
    Guinea-Bissau,
     
    Ivory
     
    Coast,
     
    Lebanon,
     
    Madagascar,
     
    Mali,
     
    Mauritania,
     
    Mauritius,
     
    Mayotte,
     
    Morocco,
     
    New
     
    Caledonia,
     
    Niger,
     
    Reunion,
     
    Senegal,
     
    Seychelles,
     
    Togo,
     
    Tunisia,
     
    Vanuatu,
     
    and
     
    Wallis
     
    &
     
    Futuna
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    or
     
    related
     
    to
     
    its
     
    violation
     
    or
     
    execution,
     
    including
     
    summary
     
    proceedings,
     
    will
     
    be
     
    settled
     
    exclusively
     
    by
     
    the
     
    Commercial
     
    Court
     
    of
     
    Paris;
     
    5)
     
    in
     
    Russia,
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    or
     
    in
     
    relation
     
    to
     
    the
     
    interpretation,
     
    the
     
    violation,
     
    the
     
    termination,
     
    the
       
    Appendix
     
    E.
     
    IBM
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    -
     
    Z125-4753-07
     
    -
     
    11/2002
     
    E-9 
    						
    							nullity
     
    of
     
    the
     
    execution
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    shall
     
    be
     
    settled
     
    by
     
    Arbitration
     
    Court
     
    of
     
    Moscow;
     
    6)
     
    in
     
    South
     
    Africa,
     
    Namibia,
     
    Lesotho
     
    and
     
    Swaziland,
     
    both
     
    of
     
    us
     
    agree
     
    to
     
    submit
     
    all
     
    disputes
     
    relating
     
    to
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    to
     
    the
     
    jurisdiction
     
    of
     
    the
     
    High
     
    Court
     
    in
     
    Johannesburg;
     
    7)
     
    in
     
    Turkey
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    shall
     
    be
     
    resolved
     
    by
     
    the
     
    Istanbul
     
    Central
     
    (Sultanahmet)
     
    Courts
     
    and
     
    Execution
     
    Directorates
     
    of
     
    Istanbul,
     
    the
     
    Republic
     
    of
     
    Turkey;
     
    8)
     
    in
     
    each
     
    of
     
    the
     
    following
     
    specified
     
    countries,
     
    any
     
    legal
     
    claim
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    be
     
    brought
     
    before,
     
    and
     
    settled
     
    exclusively
     
    by,
     
    the
     
    competent
     
    court
     
    of
     
    a)
     
    Athens
     
    for
     
    Greece,
     
    b)
     
    Te l
     
    Aviv-Jaffa
     
    for
     
    Israel,
     
    c)
     
    Milan
     
    for
     
    Italy,
     
    d)
     
    Lisbon
     
    for
     
    Portugal,
     
    and
     
    e)
     
    Madrid
     
    for
     
    Spain;
     
    and
     
    9)
     
    in
     
    the
     
    United
     
    Kingdom,
     
    both
     
    of
     
    us
     
    agree
     
    to
     
    submit
     
    all
     
    disputes
     
    relating
     
    to
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    to
     
    the
     
    jurisdiction
     
    of
     
    the
     
    English
     
    courts.
     
    Arbitration:
     
    The
     
    following
     
    is
     
    added
     
    under
     
    this
     
    heading:
     
    In
     
    Albania,
     
    Armenia,
     
    Azerbaijan,
     
    Belarus,
     
    Bosnia-Herzegovina,
     
    Bulgaria,
     
    Croatia,
     
    Georgia,
     
    Hungary,
     
    Kazakhstan,
     
    Kyrgyzstan,
     
    FYR
     
    Macedonia,
     
    Moldova,
     
    Poland,
     
    Romania,
     
    Russia,
     
    Slovakia,
     
    Slovenia,
     
    Tajikistan,
     
    Turkmenistan,
     
    Ukraine,
     
    Uzbekistan,
     
    and
     
    FR
     
    Yugoslavia
     
    all
     
    disputes
     
    arising
     
    out
     
    of
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    or
     
    related
     
    to
     
    its
     
    violation,
     
    termination
     
    or
     
    nullity
     
    will
     
    be
     
    finally
     
    settled
     
    under
     
    the
     
    Rules
     
    of
     
    Arbitration
     
    and
     
    Conciliation
     
    of
     
    the
     
    International
     
    Arbitral
     
    Center
     
    of
     
    the
     
    Federal
     
    Economic
     
    Chamber
     
    in
     
    Vienna
     
    (Vienna
     
    Rules)
     
    by
     
    three
     
    arbitrators
     
    appointed
     
    in
     
    accordance
     
    with
     
    these
     
    rules.
     
    The
     
    arbitration
     
    will
     
    be
     
    held
     
    in
     
    Vienna,
     
    Austria,
     
    and
     
    the
     
    official
     
    language
     
    of
     
    the
     
    proceedings
     
    will
     
    be
     
    English.
     
    The
     
    decision
     
    of
     
    the
     
    arbitrators
     
    will
     
    be
     
    final
     
    and
     
    binding
     
    upon
     
    both
     
    parties.
     
    Therefore,
     
    pursuant
     
    to
     
    paragraph
     
    598
     
    (2)
     
    of
     
    the
     
    Austrian
     
    Code
     
    of
     
    Civil
     
    Procedure,
     
    the
     
    parties
     
    expressly
     
    waive
     
    the
     
    application
     
    of
     
    paragraph
     
    595
     
    (1)
     
    figure
     
    7
     
    of
     
    the
     
    Code.
     
    IBM
     
    may,
     
    however,
     
    institute
     
    proceedings
     
    in
     
    a
     
    competent
     
    court
     
    in
     
    the
     
    country
     
    of
     
    installation.
     
    In
     
    Estonia,
     
    Latvia
     
    and
     
    Lithuania
     
    all
     
    disputes
     
    arising
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    be
     
    finally
     
    settled
     
    in
     
    arbitration
     
    that
     
    will
     
    be
     
    held
     
    in
     
    Helsinki,
     
    Finland
     
    in
     
    accordance
     
    with
     
    the
     
    arbitration
     
    laws
     
    of
     
    Finland
     
    then
     
    in
     
    effect.
     
    Each
     
    party
     
    will
     
    appoint
     
    one
     
    arbitrator.
     
    The
     
    arbitrators
     
    will
     
    then
     
    jointly
     
    appoint
     
    the
     
    chairman.
     
    If
     
    arbitrators
     
    cannot
     
    agree
     
    on
     
    the
     
    chairman,
     
    then
     
    the
     
    Central
     
    Chamber
     
    of
     
    Commerce
     
    in
     
    Helsinki
     
    will
     
    appoint
     
    the
     
    chairman.
     
    EUROPEAN
     
    UNION
     
    (EU)
     
    THE
     
    FOLLOWING
     
    TERMS
     
    APPLY
     
    TO
     
    ALL
     
    EU
     
    COUNTRIES:
     
    Consumers
     
    have
     
    legal
     
    rights
     
    under
     
    applicable
     
    national
     
    legislation
     
    governing
     
    the
     
    sale
     
    of
     
    consumer
     
    goods.
     
    Such
     
    rights
     
    are
     
    not
     
    affected
     
    by
     
    the
     
    warranties
     
    provided
     
    in
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty.
     
    How
     
    to
     
    Obtain
     
    Warranty
     
    Service:
     
    The
     
    following
     
    is
     
    added
     
    to
     
    this
     
    section:
     
    To
     
    obtain
     
    warranty
     
    service
     
    from
     
    IBM
     
    in
     
    EU
     
    countries,
     
    see
     
    the
     
    telephone
     
    listing
     
    in
     
    Part
     
    3
     
    -
     
    Warranty
     
    Information.
     
    Yo u
     
    may
     
    contact
     
    IBM
     
    at
     
    the
     
    following
     
    address:
     
    IBM
     
    Warranty
     
    &
     
    Service
     
    Quality
     
    Dept.
     
    PO
     
    Box
     
    30
       
    E-10
     
    IBM
     
    M400
     
    PROJECTOR:
     
    User ’s
     
    Guide 
    						
    							Spango
     
    Valley
     
    Greenock
     
    Scotland
     
    PA
     
    16
     
    OAH
     
    AUSTRIA,
     
    DENMARK,
     
    FINLAND,
     
    GREECE,
     
    ITALY,
     
    NETHERLANDS,
     
    PORTUGAL,
     
    SPAIN,
     
    SWEDEN
     
    AND
     
    SWITZERLAND
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    the
     
    terms
     
    of
     
    this
     
    section
     
    in
     
    its
     
    entirety:
     
    Except
     
    as
     
    otherwise
     
    provided
     
    by
     
    mandatory
     
    law:
     
    1.
       
     
    IBM’s
     
    liability
     
    for
     
    any
     
    damages
     
    and
     
    losses
     
    that
     
    may
     
    arise
     
    as
     
    a
     
    consequence
     
    of
     
    the
     
    fulfillment
     
    of
     
    its
     
    obligations
     
    under
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    or
     
    due
     
    to
     
    any
     
    other
     
    cause
     
    related
     
    to
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    is
     
    limited
     
    to
     
    the
     
    compensation
     
    of
     
    only
     
    those
     
    damages
     
    and
     
    losses
     
    proved
     
    and
     
    actually
     
    arising
     
    as
     
    an
     
    immediate
     
    and
     
    direct
     
    consequence
     
    of
     
    the
     
    non-fulfillment
     
    of
     
    such
     
    obligations
     
    (if
     
    IBM
     
    is
     
    at
     
    fault)
     
    or
     
    of
     
    such
     
    cause,
     
    for
     
    a
     
    maximum
     
    amount
     
    equal
     
    to
     
    the
     
    charges
     
    you
     
    paid
     
    for
     
    the
     
    Machine.
     
    For
     
    purposes
     
    of
     
    this
     
    item,
     
    the
     
    term
     
    ″Machine″
     
    includes
     
    Machine
     
    Code
     
    and
     
    Licensed
     
    Internal
     
    Code
     
    (″LIC″).
     
    The
     
    above
     
    limitation
     
    shall
     
    not
     
    apply
     
    to
     
    damages
     
    for
     
    bodily
     
    injuries
     
    (including
     
    death)
     
    and
     
    damages
     
    to
     
    real
     
    property
     
    and
     
    tangible
     
    personal
     
    property
     
    for
     
    which
     
    IBM
     
    is
     
    legally
     
    liable.
     
    2.
     
     
     
    UNDER
     
    NO
     
    CIRCUMSTANCES
     
    IS
     
    IBM,
     
    ITS
     
    SUPPLIERS
     
    OR
     
    RESELLERS
     
    LIABLE
     
    FOR
     
    ANY
     
    OF
     
    THE
     
    FOLLOWING,
     
    EVEN
     
    IF
     
    INFORMED
     
    OF
     
    THEIR
     
    POSSIBILITY:
     
    1)
     
    LOSS
     
    OF,
     
    OR
     
    DAMAGE
     
    TO,
     
    D ATA ;
     
    2)
     
    INCIDENTAL
     
    OR
     
    INDIRECT
     
    DAMAGES,
     
    OR
     
    FOR
     
    ANY
     
    ECONOMIC
     
    CONSEQUENTIAL
     
    DAMAGES;
     
    3)
     
    LOST
     
    PROFITS,
     
    EVEN
     
    IF
     
    THEY
     
    ARISE
     
    AS
     
    AN
     
    IMMEDIATE
     
    CONSEQUENCE
     
    OF
     
    THE
     
    EVENT
     
    THAT
     
    GENERATED
     
    THE
     
    DAMAGES;
     
    OR
     
    4)
     
    LOSS
     
    OF
     
    BUSINESS,
     
    REVENUE,
     
    GOODWILL,
     
    OR
     
    ANTICIPATED
     
    SAVINGS.
     
    FRANCE
     
    AND
     
    BELGIUM
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    ther
     
    terms
     
    of
     
    this
     
    section
     
    in
     
    its
     
    entirety:
     
    Except
     
    as
     
    otherwise
     
    provided
     
    by
     
    mandatory
     
    law:
     
    1.
     
     
     
    IBM’s
     
    liability
     
    for
     
    any
     
    damages
     
    and
     
    losses
     
    that
     
    may
     
    arise
     
    as
     
    a
     
    consequence
     
    of
     
    the
     
    fulfillment
     
    of
     
    its
     
    obligations
     
    under
     
    or
     
    in
     
    connection
     
    with
     
    this
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    is
     
    limited
     
    to
     
    the
     
    compensation
     
    of
     
    only
     
    those
     
    damages
     
    and
     
    losses
     
    proved
     
    and
     
    actually
     
    arising
     
    as
     
    an
     
    immediate
     
    and
     
    direct
     
    consequence
     
    of
     
    the
     
    non-fulfillment
     
    of
     
    such
     
    obligations
     
    (if
     
    IBM
     
    is
     
    at
     
    fault),
     
    for
     
    a
     
    maximum
     
    amount
     
    equal
     
    to
     
    the
     
    charges
     
    you
     
    paid
     
    for
     
    the
     
    Machine
     
    that
     
    has
     
    caused
     
    the
     
    damages.
     
    For
     
    purposes
     
    of
     
    this
     
    item,
     
    the
     
    term
     
    ″Machine″
     
    includes
     
    Machine
     
    Code
     
    and
     
    Licensed
     
    Internal
     
    Code
     
    (″LIC″).
     
    The
     
    above
     
    limitation
     
    shall
     
    not
     
    apply
     
    to
     
    damages
     
    for
     
    bodily
     
    injuries
     
    (including
     
    death)
     
    and
     
    damages
     
    to
     
    real
     
    property
     
    and
     
    tangible
     
    personal
     
    property
     
    for
     
    which
     
    IBM
     
    is
     
    legally
     
    liable.
     
    2.
     
     
     
    UNDER
     
    NO
     
    CIRCUMSTANCES
     
    IS
     
    IBM,
     
    ITS
     
    SUPPLIERS
     
    OR
     
    RESELLERS
     
    LIABLE
     
    FOR
     
    ANY
     
    OF
     
    THE
     
    FOLLOWING,
     
    EVEN
     
    IF
     
    INFORMED
     
    OF
     
    THEIR
     
    POSSIBILITY:
     
    1)
     
    LOSS
     
    OF,
     
    OR
     
    DAMAGE
     
    TO,
     
    D ATA ;
     
    2)
     
    INCIDENTAL
     
    OR
     
    INDIRECT
     
    DAMAGES,
     
    OR
     
    FOR
     
    ANY
     
    ECONOMIC
     
    CONSEQUENTIAL
     
    DAMAGES;
     
    3)
     
    LOST
     
    PROFITS,
     
    EVEN
     
    IF
     
    THEY
     
    ARISE
     
    AS
     
    AN
     
    IMMEDIATE
       
    Appendix
     
    E.
     
    IBM
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    -
     
    Z125-4753-07
     
    -
     
    11/2002
     
    E-11 
    						
    							CONSEQUENCE
     
    OF
     
    THE
     
    EVENT
     
    THAT
     
    GENERATED
     
    THE
     
    DAMAGES;
     
    OR
     
    4)
     
    LOSS
     
    OF
     
    BUSINESS,
     
    REVENUE,
     
    GOODWILL,
     
    OR
     
    ANTICIPATED
     
    SAVINGS.
     
    THE
     
    FOLLOWING
     
    TERMS
     
    APPLY
     
    TO
     
    THE
     
    COUNTRY
     
    SPECIFIED:
     
    AUSTRIA
     
    What
     
    this
     
    Warranty
     
    Covers:
     
    The
     
    following
     
    replaces
     
    the
     
    first
     
    sentence
     
    of
     
    the
     
    first
     
    paragraph
     
    of
     
    this
     
    section:
     
    The
     
    warranty
     
    for
     
    an
     
    IBM
     
    Machine
     
    covers
     
    the
     
    functionality
     
    of
     
    the
     
    Machine
     
    for
     
    its
     
    normal
     
    use
     
    and
     
    the
     
    Machine’s
     
    conformity
     
    to
     
    its
     
    Specifications.
     
    The
     
    following
     
    paragraphs
     
    are
     
    added
     
    to
     
    this
     
    Section:
     
    The
     
    minimum
     
    warranty
     
    period
     
    for
     
    Machines
     
    is
     
    12
     
    months
     
    from
     
    the
     
    date
     
    of
     
    delivery.
     
    .
     
    The
     
    limitation
     
    period
     
    for
     
    consumers
     
    in
     
    action
     
    for
     
    breach
     
    of
     
    warranty
     
    is
     
    the
     
    statutory
     
    period
     
    as
     
    a
     
    minimum.
     
    In
     
    case
     
    IBM
     
    or
     
    your
     
    reseller
     
    is
     
    unable
     
    to
     
    repair
     
    an
     
    IBM
     
    Machine,
     
    you
     
    can
     
    alternatively
     
    ask
     
    for
     
    a
     
    partial
     
    refund
     
    as
     
    far
     
    as
     
    justified
     
    by
     
    the
     
    reduced
     
    value
     
    of
     
    the
     
    unrepaired
     
    Machine
     
    or
     
    ask
     
    for
     
    a
     
    cancellation
     
    of
     
    the
     
    respective
     
    agreement
     
    for
     
    such
     
    Machine
     
    and
     
    get
     
    your
     
    money
     
    refunded.
     
    The
     
    second
     
    paragraph
     
    does
     
    not
     
    apply.
     
    What
     
    IBM
     
    Will
     
    Do
     
    to
     
    Correct
     
    Problems:
     
    The
     
    following
     
    is
     
    added
     
    to
     
    this
     
    section:
     
    During
     
    the
     
    warranty
     
    period,
     
    transportation
     
    for
     
    delivery
     
    of
     
    the
     
    failing
     
    Machine
     
    to
     
    IBM
     
    will
     
    be
     
    at
     
    IBM’s
     
    expense.
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    paragraph
     
    is
     
    added
     
    to
     
    this
     
    section:
     
    The
     
    limitations
     
    and
     
    exclusions
     
    specified
     
    in
     
    the
     
    Statement
     
    of
     
    Limited
     
    Warranty
     
    will
     
    not
     
    apply
     
    to
     
    damages
     
    caused
     
    by
     
    IBM
     
    with
     
    fraud
     
    or
     
    gross
     
    negligence
     
    and
     
    for
     
    express
     
    warranty.
     
    The
     
    following
     
    sentence
     
    is
     
    added
     
    to
     
    the
     
    end
     
    of
     
    item
     
    2:
     
    IBM’s
     
    liability
     
    under
     
    this
     
    item
     
    is
     
    limited
     
    to
     
    the
     
    violation
     
    of
     
    essential
     
    contractual
     
    terms
     
    in
     
    cases
     
    of
     
    ordinary
     
    negligence.
     
    EGYPT
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    item
     
    2
     
    in
     
    this
     
    section:
     
    as
     
    to
     
    any
     
    other
     
    actual
     
    direct
     
    damages,
     
    IBM’s
     
    liability
     
    will
     
    be
     
    limited
     
    to
     
    the
     
    total
     
    amount
     
    you
     
    paid
     
    for
     
    the
     
    Machine
     
    that
     
    is
     
    the
     
    subject
     
    of
     
    the
     
    claim.
     
    For
     
    purposes
     
    of
     
    this
     
    item,
     
    the
     
    term
     
    “Machine”
     
    includes
     
    Machine
     
    Code
     
    and
     
    Licensed
     
    Internal
     
    Code
     
    (LIC).
     
    Applicability
     
    of
     
    suppliers
     
    and
     
    resellers
     
    (unchanged).
     
    FRANCE
     
    Limitation
     
    of
     
    Liability:
     
    The
     
    following
     
    replaces
     
    the
     
    second
     
    sentence
     
    of
     
    the
     
    first
     
    paragraph
     
    of
     
    this
     
    section:
    In
     
    such
     
    instances,
     
    regardless
     
    of
     
    the
     
    basis
     
    on
     
    which
     
    you
     
    are
     
    entitled
     
    to
     
    claim
     
    damages
     
    from
     
    IBM,
     
    IBM
     
    is
     
    liable
     
    for
     
    no
     
    more
     
    than:
     
    (items
     
    1
     
    and
     
    2
     
    unchanged).
       
    E-12
     
    IBM
     
    M400
     
    PROJECTOR:
     
    User ’s
     
    Guide 
    						
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