TA Triumph-Adler LP 4022 Benutzerhandbuch

Seite 49

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RECHTLICHE INFORMATIONEN UND SICHERHEITSRICHTLINIEN

VII

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.

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