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2. Limited Warranty

The Programs are provided “AS IS.”

THERE ARE NO OTHER WARRANTIES COVERING THE PROGRAMS

(OR CONDITIONS), EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the

above exclusion may not apply to you.

3. 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:

1 the equivalent of U.S. $25,000 in your local currency; or

2 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.