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You must reproduce the copyright notice(s) on each copy, or partial copy, of the Program. You may not: 1. use, copy, modify, merge, or transfer copies of the Program except as provided in this license; 2. reverse assemble or reverse compile the Program; or 3. sublicense, rent, lease, or assign the Program. *** LIMITED WARRANTY *** 1. Program THIS PROGRAM IS PROVIDED "AS IS" WHICH MEANS THAT IBM GRANTS TO YOU NO WARRANTY AND YOU, NOT IBM, ASSUME THE ENTIRE RISK OF QUALITY AND PERFORMANCE, INCLUDING THE ENTIRE COST OF ANY NECESSARY CORRECTIONS TO THIS PROGRAM OR REPAIR OF ANY DEFECTS. We do not warrant that the Program is free from claims by a third party or copyright, patent, trademark, trade secret, or any other intellectual property infringement. 2. Media The Warranty Period for the media, supplied by IBM, on which the program is recorded is for three months from the date of its delivery to the original user as evidenced by a receipt. IBM warrants that this media will be free from defects in material and workmanship under normal use during the Warranty Period. If notified during the Warranty Period that the media contains such defects, IBM will replace such media. If IBM is unable to deliver replacement media, you may terminate your license and your money will be refunded upon return of all your copies of the Program. THIS MEDIA WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, 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. *** 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 a Program supplied to IBM. IBM's and the developer's limitations of remedies are not cumulative. Such developer is an intended beneficiary of this Section. 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