TA Triumph-Adler CLP 4516 - Handbuch (Seite 8)

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;
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 dama-
ges 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 lim-
itation 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 de-
veloper is an intended beneficiary of this Section. Some jurisdictions do not al-
low 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 pay-
ment of any taxes, including personal property taxes, resulting from this li-
cense. 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 ac-
quired 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.