The term “program” includes the original program and all duplications (copies) of the same, including parts of the program that are combined with other programs. A program consists of machine-readable instructions, audiovisual content and the associated license materials.</p> 6. Liability <p>GMX shall not be liable for any loss or damage of whatsoever nature suffered by the customer arising out of or in connection with any breach of this Agreement. <br> GMX will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by the customer or for any wasted management time or failure to make anticipated savings or liability the customer incurs to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss. <br> GMX’s total liability to the customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to the equivalent charges actually paid by the customer to GMX in the previous 12 months.