Appendix A. Product warranties and notices
47
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 or loss, 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 shall be limited to damages.
Notices
This publication was developed for products and services offered in the U.S.A.
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program, or service may be used. Any functionally equivalent product, program, or
service that does not infringe any IBM intellectual property right may be used instead.
However, it is the user’s responsibility to evaluate and verify the operation of any non-
IBM product, program, or service.
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IBM Director of Licensing
IBM Corporation
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