Common use of Warranties and Liability Clause in Contracts

Warranties and Liability. 16.1 The Dealer acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer agrees that RTSWs sole liability, and the Dealers sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer the price paid by the Dealer to RTSW for the licence of that copy. 16.2 Without prejudice to Clause 16.1, but subject to Clauses 16.3 and 16.5, RTSWs total liability to the Dealer, whether in contract, tort, including negligence, otherwise will: 16.2.1 In relation to any claim by an End User in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer to RTSW for the licence for that End User. 16.2.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer to RTSW in that Year of this Agreement 16.3 Despite anything else contained in this Agreement (except Clause 16.6), RTSW will not be liable to the Dealer for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstances, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the Dealer, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 The Dealer acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer having not complied with its obligations under this Agreement, or from any other act or omission on the Dealers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the Dealer's failure to implement or distribute, the Dealers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 The Dealer Reseller acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer Reseller agrees that RTSWs sole liability, and the Dealers Resellers sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer Reseller the price paid by the Dealer Reseller to RTSW for the licence of that copy. 16.2 Without prejudice to Clause 16.1, but subject to Clauses 16.3 and 16.5, RTSWs total liability to the DealerReseller, whether in contract, tort, including negligence, otherwise will: 16.2.1 In relation to any claim by an End User in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer Reseller to RTSW for the licence for that End User. 16.2.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer Reseller to RTSW in that Year of this Agreement 16.3 Despite anything else contained in this Agreement (except Clause 16.6), RTSW will not be liable to the Dealer Reseller for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstances, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer Reseller acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the DealerReseller, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 The Dealer Reseller acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer Reseller pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer Reseller having not complied with its obligations under this Agreement, or from any other act or omission on the Dealers Resellers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the DealerReseller's failure to implement or distribute, the Dealers Resellers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer Reseller warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer Reseller waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 15.1 The Dealer Partner acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer Partner agrees that RTSWs sole liability, and the Dealers Partners sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer Partner the price paid by the Dealer Partner to RTSW for the licence of that copy. 16.2 15.2 Without prejudice to Clause 16.115.1, but subject to Clauses 16.3 15.3 and 16.515.5, RTSWs total liability to the DealerPartner, whether in contract, tort, including negligence, otherwise will: 16.2.1 In relation to any claim by an End User will in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer to RTSW for the licence for that End User. 16.2.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs ROWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer Partner to RTSW in that Year of this Agreement 16.3 15.3 Despite anything else contained in this Agreement (except Clause 16.615.6), RTSW will not be liable to the Dealer Partner for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstances, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the Dealer, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 15.4 The Dealer Partner acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs RTWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer Partner pays pays the costs of obtaining and maintaining any increased cover. 16.6 15.5 Nothing in this Agreement limits or excludes RTSWs ROWs liability for death or personal injury caused by its negligence or for fraud. 16.7 15.6 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 15.7 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer Partner having not complied with its obligations under this Agreement, or from any other act or omission on the Dealers Partners part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 15.8 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the DealerPartner's failure to implement or distribute, the Dealers Partners delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 15.9 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 15.10 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 15.11 The Dealer Partner warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer Partner waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 The Dealer Reseller acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer Reseller agrees that RTSWs sole liability, and the Dealers Resellers sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer Reseller the price paid by the Dealer Reseller to RTSW for the licence of that copy. 16.2 Without prejudice to Clause 16.1, but subject to Clauses 16.3 and 16.5, RTSWs total liability to the DealerReseller, whether in contract, tort, including negligence, otherwise will: 16.2.1 In relation to any claim by an End User in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer Reseller to RTSW for the licence for that End User. 16.2.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer Reseller to RTSW in that Year of this Agreement 16.3 Despite anything else contained in this Agreement (except Clause 16.6), RTSW will not be liable to the Dealer Reseller for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstancescircumstance, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer Reseller acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the DealerReseller, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 The Dealer Reseller acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer Reseller pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer Reseller having not complied with its obligations under this Agreement, or from any other act or omission on on the Dealers Resellers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the DealerReseller's failure to implement or distribute, the Dealers Resellers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer Reseller warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer Reseller waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 15.01 The Dealer Reseller acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer Reseller agrees that RTSWs sole liability, and the Dealers Resellers sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer Reseller the price paid by the Dealer Reseller to RTSW for the licence of that copy. 16.2 15.02 Without prejudice to Clause 16.115.01, but subject to Clauses 16.3 15.03 and 16.515.05, RTSWs total liability to the DealerReseller, whether in contract, tort, including negligence, otherwise will: 16.2.1 15.02.1 In relation to any claim by an End User in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer Reseller to RTSW for the licence for that End User. 16.2.2 15.02.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer Reseller to RTSW in that Year of this Agreement 16.3 15.03 Despite anything else contained in this Agreement (except Clause 16.615.06), RTSW will not be liable to the Dealer Reseller for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 15.04 Because of the uncertainty of future events and circumstances, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer Reseller acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the DealerReseller, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 The Dealer acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer having not complied with its obligations under this Agreement, or from any other act or omission on the Dealers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the Dealer's failure to implement or distribute, the Dealers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 The Dealer acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer agrees that RTSWs RTSW's sole liability, and the Dealers Dealer's sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund to the Dealer the price paid by the Dealer to RTSW for the licence of that copy. 16.2 Without prejudice to Clause 16.1, but subject to Clauses 16.3 and 16.5, RTSWs RTSW’s total liability to the Dealer, whether in contract, tort, tort (including negligence, ) or otherwise will: 16.2.1 In in relation to of any claim by an End User in respect of any defect, error, bug bug, or deficiency in the Software, not exceed the price paid by the Dealer to RTSW for the licence for that End User.; and 16.2.2 In in aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs RTSW’s performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer to RTSW in that Year of this Agreement. 16.3 Despite anything else contained in this Agreement (except Clause 16.616.5), RTSW will not be liable to the Dealer for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstances, circumstances RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the Dealer, Dealer or any End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs RTSW’s obligations to enquire as to, or verify to verify, the accuracy or completeness of that information. 16.5 The Dealer acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer having not complied with its obligations under this Agreement, or from any other act or omission on the Dealers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the Dealer's failure to implement or distribute, the Dealers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.

Warranties and Liability. 16.1 The Dealer acknowledges that the Software is complex and that the Software may have certain defects when delivered. The Dealer agrees that RTSWs sole liability, and the Dealers sole remedy if there is any bug, fault or error in any copy of the Software is to accept the return of that copy if rejected by the End User in accordance with the End User Licence and to refund the Dealer the price paid by the Dealer to RTSW for the licence of that copy. 16.2 Without prejudice to Clause 16.1, but subject to Clauses 16.3 and 16.5, RTSWs total liability to the Dealer, whether in contract, tort, including negligence, otherwise will: 16.2.1 In relation to any claim by an End User in respect of any defect, error, bug or deficiency in the Software, not exceed the price paid by the Dealer to RTSW for the licence for that End User. 16.2.2 In aggregate, in respect of all claims arising in a Year of this Agreement, in connection with the Software and RTSWs performance or non-performance of this Agreement, and whether in contract, or tort (including negligence) or arising in any other way, not exceed the total Charges paid by the Dealer to RTSW in that Year of this Agreement 16.3 Despite anything else contained in this Agreement (except Clause 16.6), RTSW will not be liable to the Dealer for any loss of profits, loss of savings, loss of use, loss of business, loss of opportunity, loss or spoiling of data, loss of contracts, in any case whether direct or indirect, or for any indirect or consequential loss, whether arising from negligence, or breach of contract, or in any other way, even if RTSW had been advised of, or knew of, the likelihood of that loss or type of loss arising. 16.4 Because of the uncertainty of future events and circumstancescircumstance, RTSW does not guarantee that its forecasts, projections, advice, recommendations or the contents of any report, presentation or other document will be achievable, and the Dealer acknowledges that RTSW gives the same to address specific circumstances at the time. All information which RTSW supplies is supplied in good faith, but the accuracy and completeness of any information obtained from, or based on, information obtained from the Dealer, End User or any third party is not warranted by RTSW. It is not within the scope of RTSWs obligations to enquire as to, or verify the accuracy or completeness of that information. 16.5 The Dealer acknowledges that the limitations of and exclusions on RTSWs liability in this Agreement are reasonable in the light of RTSWs insurance arrangements and that RTSW is willing to accept a higher limitation on its liability providing it is able to obtain full insurance cover for its liabilities and the Dealer pays pays the costs of obtaining and maintaining any increased cover. 16.6 Nothing in this Agreement limits or excludes RTSWs liability for death or personal injury caused by its negligence or for fraud. 16.7 The Software has been developed for use with the Equipment. RTSW will not be liable for any failure of the Software to operate with any hardware, software or operating system except the Equipment or for any degradation in performance or reduction in functionality caused by the use of the Software with any other equipment, software or operating system. 16.8 RTSW will not be liable under any warranty or any other provision of this Agreement to the extent that any failure of the Software to comply with any warranty, or to the extent that any error, defect, bug or deficiency in the Software, or RTSWs failure to correct or delay in correcting it results from the Dealer having not complied with its obligations under this Agreement, or from any other act or omission on on the Dealers part, or on the part of any third party. In particular, RTSW will not be liable if any modification has been made to any of the Software by anyone except RTSW. 16.9 RTSW will not be liable under the warranty of under any other provision of this Agreement to the extent that any loss or damage is caused by the Dealer's failure to implement or distribute, the Dealers delay in implementing or distributing any Error Correction or Update that would have remedied or mitigated the effects of any Error, defect, bug or deficiency in the Software. 16.10 Because of the nature of the Software, RTSW does not warrant that the Software will be error free or that it will run without interruption, or that every error, defect, bug or deficiency can be, or will be corrected. 16.11 The express undertakings and warranties given by RTSW in this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations on the part of RTSW implied by statute, common law, custom, trade usage, course of dealing or in any other way. All of these are, to the extent permitted by law, excluded. 16.12 The Dealer warrants that it has not been induced to enter into this Agreement by any representation or by any warranty (either oral, or in writing) except those specifically wet out in this Agreement as warranties. The Dealer waives all claims for breach of any warranty and all claims for any misrepresentation (negligent or of any other kind, unless made by RTSW fraudulently) which is not specifically set out in this Agreement as a warranty.