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Limitation of Remedies
IBM's entire liability under this license is the following;
•
For any claim (including fundamental breach), in any form, related in
any way to this license, IBM's liability will be for actual damages only
and will be limited to the greater of:
-
the equivalent of U.S.$25,000 in your local currency; or
-
IBM's then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real
or tangible personal property for which IBM is legally liable. IBM will not be
liable for any lost profits, lost savings, or any incidental damages or other
economic consequential damages, even if IBM, or its authorized supplier,
has been advised of the possibility of such damages. IBM will not be liable
for any damages claimed by you based on any third party claim. This
limitation of remedies also applies to any developer of Programs supplied
to IBM. IBM's and the developer's limitations of remedies are not
cumulative. Such developer is an intended beneficiary of this Section.
Some jurisdictions do not allow these limitations or exclusions, so they may
not apply to you.
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General
You may terminate your license at any time. IBM may terminate your
license if you fail to comply with the terms and conditions of this license. In
either event, you must destroy all your copies of the Program. You are
responsible for payment of any taxes, including personal property taxes,
resulting from this license. Neither party may bring an action, regardless of
form, more than two years after the cause of action arose. If you acquired
the Program in the United States, this license is governed by the laws of
the State of New York. If you acquired the Program in Canada, this license
is governed by the laws of the Province of Ontario. Otherwise, this license
is governed by the laws of the country in which you acquired the Program.
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