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The man slipped "through a soft area of ground" into a two-foot-wide lava tube and fell 22 feet to his death, according to a police It's not. And you can get it without all the anxiety. Pros and cons of using 3 different types of debt Credit cards, personal loans, home equity debt: We weigh upsides and downsides of each. Search By State. Immerse yourself in a vibrant ocean world and join your friend, Octy as you help unique sea creatures and restore magnificent gardens to bring the fabled underwater cities to life!

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Enjoy hours of truly captivating gameplay appropriate for families with kids of any age. See More Games. Gemini -. Your mind will expand today. You'll feel like there's a ton of information crammed into your head that needs processing. Regarding big projects, try to finish them as quickly as you Read More Your mind will expand today. Regarding big projects, try to finish them as quickly as you can. The best policy is to pace yourself.


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If you wait until the last minute to finish, the quality of your work will suffer. Make a plan and maybe even a timeline. Set small deadlines as you go along. Dictionary Thesaurus. See local movie theaters and showtimes right here on your Start Page! Sign in now to get started. All rights reserved. PeoplePC Privacy Policy. Local Reviews. Full Story The words Trump had to hear: Investig You agree to use reasonable commercial efforts to ensure that your End User complies with all export laws and regulations, including those of the United States and the country as specified in the Governing Law Section of this Agreement, and any laws and regulations of the country in which the Product is imported or exported.

Before your sale of such Product, you agree to prepare a support plan for it and obtain your End User's agreement to that plan. Regardless of the IBM Machine's production status, our appropriate warranty terms apply. You agree to inform your End User of these terms in writing in a format you specify.

Title When you order a Machine, we transfer title to you when we ship the Machine. Page 7 of 10 Any prior transfer to you of title to a Machine reverts back to IBM when it is accepted by us as a returned Machine. We do not transfer a Program's title. Risk of Loss We bear the risk of loss of, or damage to, a Product or Service until its initial delivery from us to you or, if you request and we agree, to your End User. Thereafter, you assume the risk. Installation and Warranty We will ensure that Machines we install are free from defects in materials and workmanship and conform to specifications.

We provide instructions to enable the setup of Customer-Set-Up Machines. We do, however, preload Programs onto certain Machines. We provide a copy of our applicable warranty statement to you. You agree to provide it to the End User for review before the sale is finalized, unless we specify otherwise.

We calculate the expiration date of an IBM Machine's warranty period from the Machine's Date of Installation, which is the date of purchase noted on the End User's sales receipt. You must also notify us of this date upon our request. Warranty terms for Programs are described in the Programs' license terms. However, non-IBM manufacturers, suppliers, or publishers may provide their own warranties to you.


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For non-IBM Products we approve you to market, you agree to inform your End User in writing 1 that the Products are non-IBM, 2 of the manufacturer or supplier who is responsible for warranty if any , and 3 of the procedure to obtain any warranty service. We may provide such Service directly or through authorized warranty service providers. You are not authorized to provide such Service. Patents and Copyrights If a third party claims that a Product we provide under this Agreement infringes that party's patents or copyrights, we will defend you against that claim at our expense and pay all costs, damages, and attorneys' fees that a court finally awards, provided that you: 1.

If you maintain an inventory, and such a claim is made or appears likely to be made about a Product in your inventory, you agree to permit us either to enable you to continue to market and use the Product, or to modify or replace it.

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If we determine that none of these alternatives is reasonably available, you agree to return the Product to us on our written request. We will then give you a credit, as we determine, which will be either 1 the price you paid us for the Product less any price-reduction credit for new and unsold products in your inventory, or 2 the depreciated price for used products. Page 8 of 10 This is our entire obligation to you regarding any claim of infringement. Liability Circumstances may arise where, because of a default or other liability, one of us is entitled to recover damages from the other.

In each such instance, regardless of the basis on which damages can be claimed, the following terms apply as your exclusive remedy and our exclusive liability. Our Liability We are responsible only for: 1. Items for Which Neither of Us Are Liable Under no circumstances except as required by law are either of us liable for any of the following: 1. Engineering Changes You agree to allow us to install mandatory engineering changes such as those required for safety on all Machines in your inventory, and to use commercially reasonable efforts to enable us to install such engineering changes on your End User's Machines.

Mandatory engineering changes are installed at our expense and any removed parts become our property. During the warranty period, we manage and install engineering changes at: 1.

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Page 9 of 10 Alternatively, we may provide you with the parts at no charge and instructions to do the installation yourself, upon our request. We will reimburse you for your labor as we specify. Review of Compliance We may periodically review your performance under this Agreement. You agree to provide us with relevant records on request. We have the right to reproduce them, retain copies, and audit your compliance with this Agreement on your premises during your normal business hours upon fifteen 15 days' notice. We may use an independent auditor for this. Changes to the Agreement Terms For a change to this Agreement to be valid, both of us must agree to it in writing.

We may, however, change terms relating to safety and security without advance notice. Ending the Agreement Regardless of the contract duration specified in your Profile, either party may terminate this Agreement without cause, on two months' written notice; with cause, on one month's written notice.


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  6. Each of us agrees that the only obligation is to provide the notice called for in this section and neither of us is liable for any claims or losses if it does so. You are not authorized to actively market Products outside the geographic scope of this Agreement and you agree not to use anyone else to do so. If an End user acquires a Product for export, our responsibilities under this Agreement no longer apply to that Product.

    You agree to use your best efforts to ensure that your End User complies with United States export laws and regulations, and any import requirements of the destination country.

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    Governing Law The laws of the State of New York, without regard to conflict of laws principles, govern this Agreement. This Attachment sets for the terms under which IBM will perform software preload installation services for Machines which you are authorized to market under the applicable Profile. You accept these terms by signing the Profile.

    Your Responsibilities You will: 1. You warrant that you have all sufficient rights to such software to enable IBM to perform the services set forth in this Attachment. Call to find out what product is available. Why EarthLink? Unlimited Data. Customizable Plans. Safe Connectivity. Best Internet. Finding an internet connection is just a call away!