Appendix A. Product warranties and notices 871. death or personal injury or physical damage to your real property solely causedby IBM’s negligence;2. the amount of any other actual direct damages or loss, up to 125 percent of thecharges (if recurring, the 12 months’ charges apply) for the Machine that is thesubject 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 orSection 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 ofany default shall be limited to damages.NoticesThis publication was developed for products and services offered in the U.S.A.IBM may not offer the products, services, or features discussed in this document inother countries. Consult your local IBM representative for information on the productsand services currently available in your area. Any reference to an IBM product,program, or service is not intended to state or imply that only that IBM product,program, or service may be used. Any functionally equivalent product, program, orservice 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.IBM may have patents or pending patent applications covering subject matterdescribed in this document. The furnishing of this document does not give you anylicense to these patents. You can send license inquiries, in writing, to:IBM Director of LicensingIBM CorporationNorth Castle DriveArmonk, NY 10504-1785U.S.A.INTERNATIONAL BUSINESS MACHINES CORPORATION PROVIDES THISPUBLICATION "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. Some states do not allow disclaimer of express or implied warranties incertain transactions, therefore, this statement may not apply to you.This information could include technical inaccuracies or typographical errors.Changes are periodically made to the information herein; these changes will beincorporated in new editions of the publication. IBM may make improvements and/orchanges in the product(s) and/or the program(s) described in this publication at anytime without notice.Any references in this publication to non-IBM Web sites are provided for convenienceonly and do not in any manner serve as an endorsement of those Web sites. Thematerials at those Web sites are not part of the materials for this IBM product, and useof those Web sites is at your own risk.