OPTIONS
by IBM
Important information for the IBM8x4x32x8 MAX
CD-RW/DVD-ROM Combination Drive
The installation instructions for this option are in the User's Guide, which is available on the included CD and also on the Web at
Note: If your system does not have an optical drive already installed, you must install the 8x4x32x8 MAX CD-RW/DVD-ROM
Combination Drive to view the User's Guide on CD. If you are unable to view the User's Guide on CD or via the Web, you can refer
to your computer User's Guide for installation information.
To view the User's Guide on CD:
1. Insert the IBM CD-RW & DVD-ROM Software & User's Guide CD into the CD or DVD drive.
2. If the CD does not start, click Start and then click Run.
3. Type e:/launch.html/ where e is the drive letter of the CD or DVD drive.
4. Click OK. The CD browser window opens.
5. Follow the on-screen instructions.
Online technical support
Help and service information
IBM Personal Computing
Support Web Site
Warranty Information
IBM Automated Fax System
1-800-426-3395 (U.S. and
Canada)
Device Name - IBM 8x4x32x8 MAX CD-RW/DVD-ROM
Combination Drive
Warranty Period - One Year
During the warranty period, assistance for replacement or exchange
of defective components is available. In addition, if your IBM
option is installed in an IBM computer, you might be entitled to
service at your location. Your technical support representative can
help you determine the best alternative.
See the IBM® Statement of Limited Warranty included in this
publication for IBM's warranty terms and conditions. The IBM
Machine Warranty worldwide Web site at
provides a worldwide overview of IBM’s Limited Warranty for
IBM Machines, a Glossary of IBM definitions, Frequently Asked
Questions (FAQs) and Support by Product (Machine) with links to
Product Support pages. The IBM Statement of Limited Warranty
is also available on this site in 29 languages via pdf files.
Telephone technical support
Installation and configuration support through the HelpCenter® will
be withdrawn or made available for a fee, at IBM’s discretion, 90
days after the option has been withdrawn from marketing.
Additional support offerings, including step-by-step installation
assistance, are available for a nominal fee.
Service and support
To assist the technical support representative, have available as
much of the following information as possible:
With the original purchase of an IBM machine, you have access to
extensive support coverage. During the IBM machine warranty
period, you may call IBM or your reseller for problem
determination assistance under the terms of the IBM Statement of
Limited Warranty.
1. Option name
2. Option number
3. Proof of purchase
4. Computer manufacturer, model, serial number (if IBM), and
manual
Online and telephone technical support
5. Exact wording of the error message (if any)
6. Description of the problem
7. System hardware and software configuration information
This section contains information on how to obtain online and
telephone technical support.
Online technical support
If possible, be at your computer. Your technical support
representative might want to walk you through the problem during
the call.
Online technical support is available during the life of your
product. Online assistance can be obtained through the Personal
Computing Support Web site and the IBM Automated Fax System.
For the support telephone number and support hours by country,
refer to the following table. If the number is not provided, contact
your IBM reseller or IBM marketing representative. Response time
may vary depending on the number and nature of the calls
received.
1
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
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:
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.
laws of the State of New York.
The following is added to this Section:
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.
Disputes and differences arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held in
Singapore in accordance with the rules of the International Chamber of
Commerce (ICC). The arbitrator or arbitrators designated in conformity
with those rules shall have the power to rule on their own competence and
on the validity of the Agreement to submit to arbitration. The arbitration
award shall be final and binding for the parties without appeal and the
arbitral award shall be in writing and set forth the findings of fact and the
conclusions of law.
All proceedings shall be conducted, including all documents presented in
such proceedings, in the English language. 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
before proceeding upon the reference. The third arbitrator shall act as
chairman of the proceedings. Vacancies in the post of chairman shall be
filled by the president of the ICC. 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.
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
The English language version of this Agreement prevails over any other
language version.
HONG KONG AND MACAU
AMERICAS
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
INDIA
Limitation of Liability: The following replaces items 1 and 2 of this
Section:
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
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).
1. liability for bodily injury (including death) or damage to real property
and tangible personal property will be limited to that c a used by
IBM’s negligence;
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, IBM s liability will be
limited to the charge paid by you for the individual Machine that is the
subject of the claim.
CANADA
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.
JAPAN
Governing Law: The following sentence is added to this Section:
Any doubts concerning this Agreement will be initially resolved between us
in good faith and in accordance with the principle of mutual trust.
NEW ZEALAND
The IBM Warranty for Machines: 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.
ASIA PACIFIC
AUSTRALIA
The IBM Warranty for Machines: 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
3
PEOPLE’S REPUBLIC OF CHINA (PRC)
Governing Law: The following is replaces this Section:
exclusively by the Commercial Court of Paris; 4) Angola, Bahrain,
Botswana, Burundi, Egypt Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Oman Pakistan,
Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza, Yemen,
Zambia, and Zimbabwe, this Agreement will be governed by English Law
and disputes relating to it will be submitted to the exclusive jurisdiction of
the English courts; and 5) in Greece, Israel, Italy, Portugal, and Spain any
legal claim arising out of this Statement will be brought before, and finally
settl ed by, the competent court of Athens, Tel Aviv, Milan, Lisbon, and
Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY
SPECIFIED:
AUSTRIA and GERMANY
The IBM Warranty for Machines 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 six months. 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 o f the respective agreement for such
Machine and get your money refunded.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: 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 the first paragraph of item 2:
IBM’s liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
Both you and IBM consent to the application of the laws of the State of
New York (except when local law requires otherwise) to govern, interpret,
and enforce all 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.
Any disputes arising from or in connection with this Agreement will first be
resolved by friendly negotiations, failing which either of us has the right to
submit the dispute to the China International Economic and Trade
Arbitration Commission in Beijing, the PRC, for arbitration in accordance
with its arbitration rules in force at the time. The arbitration tribunal will
consist of three arbitrators. The language to be used therein will be English
and Chinese. An arbitral award will be final and binding on all the parties,
and will be enforceable under the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (1958).
The arbitration fee will be borne by the losing party unless otherwise
determined by the arbitral award. During the course of arbitration, this
Agreement will continue to be performed except for the part which the
parties are disputing an d which is undergoing arbitration.
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.
Warranty Service:
If you purchase an IBM Machine in Austria, Belgium, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or
United Kingdom, 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 purchased an IBM Personal
Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina,
Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan,
Kirghizia, 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 an IBM 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 authorized service
provider. You are responsible for transportation costs for Machines located
outside 50 kilometers of an IBM authorized service provider.
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 subje ct of the claim. For
purposes of this item, the term “Machine” includes Machine Code and
Licensed Internal Code.
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).
Governing Law:
IRELAND
The applicable laws, that govern, interpret and enforce rights, duties, and
obligations of each of us arising from, or relating in an y manner to, the
subject matter of this Statement, without regard to conflict of laws
principles, as well as Country-unique terms and competent court for this
Statement are those of the country in which the warranty service is being
provided , except that in 1) Alban ia, Bosnia-Herzegovina, Bulgaria,
Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania,
Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldava, Russia, Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan, the laws of Austria apply; 2) Estonia, Latvia, and Lithuania, the
laws of Finland apply; 3) Algeria, Benin, Burkina Faso, Cameroon, Cape
Verde, Central African Republic, Chad, Congo, Djibouti, Democratic
Republic of Congo, Equatorial Guinea, France, Gabon, Gambia, Guinea,
Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger,
Senegal, Togo, and Tunisia, this Agreement will be construed and the legal
relations between the parties will be determined in accordance with the
French laws and all disputes arising out of this Agreement or related to its
violation or execution, including summary proceedings, will be settled
Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory
conditions, including 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 items one and two of the
first paragraph of this Section:
1. death or personal injury or physical damage to your real property
solely caused by IBM s negligence; and
2. the amount of any other actual direct damages, up to 125 percent of
the charges (if recurring, the 12 months’ charges apply) for the
Machine that is the subject of the claim or which otherwise gives rise
to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
4
IBM’s entire liability and your sole remedy, whether in contract or in tort,
in respect of any default shall be limited to damage s.
ITALY
Limitation of Liability: The following replaces the second sentence in the
first paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is
liable for no more than:
1. (unchanged)
2. as to any other actual damage arising in all situations involving
non-performance by IBM pursuant to, or in any way related to th e
subject matter of this Statement of Warranty, IBM’s liability, will be
limited to the total amount you paid for the Machine that is the subject
of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller are not
liable for any of the following: (items 1 and 2 unchanged) 3) indirect
damages, even if IBM or your reseller is informed of their possibility.
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 subj ect 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 items 1 and 2 of the first
paragraph of this Section:
1. death or personal injury or physical damage to your real property
solely caused by IBM s negligence;
2. the amount of any other actual direct damages, up to 125 percent of
the charges (if recurring, the 12 months’ charges apply) for the
Machine that is the subject of the claim or which otherwise gives rise
to the claim;
The following item is added to this paragraph:
3. breach of IBM’s obligations implied by Section 12 of the Sale of
Goods Act 1979 or Section 2 of the Supply of Goods and Services Act
1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section: IBM’s entire liability
and your sole remedy, whether in contract or in tort, in respect of any
default will be limited to damages.
For information on Class B notices, refer to the online User's Guide.
10K3791
Printed in the U.S.A.
Copyright International Business Machines Corporation 2001. All
rights reserved
Note to U.S. Government Users – Documentation related to restricted rights
– Use, duplication or disclosure is subject to restrictions set forth in GSA
ADP Schedule Contract with IBM Corp.
HelpCenter and IBM are trademarks of the IBM corporation in the United
States, other countries, or both.
*10K3791*
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