IBM eServer 380 xSeries User Reference Manual

Also see for eServer 380 xSeries: Installation guide

Contents

84 xSeries 380: User’s Reference(except when local law requires otherwise) to govern, interpret, and enforce all yourand IBM’s rights, duties, and obligations arising from, or relating in any manner to, thesubject 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 byfriendly negotiations, failing which either of us has the right to submit the dispute tothe China International Economic and Trade Arbitration Commission in Beijing, thePRC, for arbitration in accordance with its arbitration rules in force at the time. Thearbitration tribunal will consist of three arbitrators. The language to be used thereinwill be English and Chinese. An arbitral award will be final and binding on all theparties, and will be enforceable under the Convention on the Recognition andEnforcement of Foreign Arbitral Awards (1958).The arbitration fee will be borne by the losing party unless otherwise determined bythe arbitral award.During the course of arbitration, this Agreement will continue to be performed exceptfor the part which the parties are disputing and 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 fromIBM 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, youmay 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 purchasean IBM Personal Computer Machine in Albania, Armenia, Belarus, Bosnia andHerzegovina, 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 mayobtain warranty service for that Machine from the IBM entity within the country ofpurchase, if that IBM entity provides warranty service in that country, or from an IBMreseller, 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 authorizedservice provider. You are responsible for transportation costs for Machines locatedoutside 50 kilometers of an IBM authorized service provider.Governing Law:The applicable laws that govern, interpret and enforce rights, duties, and obligationsof each of us arising from, or relating in any manner to, the subject matter of thisStatement, without regard to conflict of laws principles, as well as Country-uniqueterms and competent court for this Statement are those of the country in which thewarranty service is being provided, except that in 1) Albania, Bosnia-Herzegovina,Bulgaria, Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania,Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, the laws ofAustria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland apply; 3) Algeria,Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Congo,