An early termination fee on the 1 Year subscription will be assessed at an amount of the yearly billing for the cluster size purchased plus an additional 20% of the total subscription. An early termination fee on the 3 Year subscription will be assessed at an amount of the 3 year period based on cluster size purchased plus 20% of the total subscription. SAID EARLY TERMINATION FEE WILL BE DUE AND PAYABLE UPON NOTIFICATION OF TERMINATION AND WILL BE SUBJECT TO LATE FEES AND PENALTIES. “For Publisher’s defense obligations, including those in section VII b., Publisher’s maximum liability to Customer for any incident giving rise to a claim will not exceed the greater of i.) $250,000 and ii.) the amount Customer paid for the Offering during the 12 months before the incident.” Subject to IBM and Red Hat standard license agreements in the links found in the "Usage Information + Support" on the offer main overview page.