Introduction
3.Limitation of Remedies
IBM’s entire liability under this license is the following;
1)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:
a)the equivalent of U.S. $25,000 in your local currency; or
b)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.
4.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.
