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9I Sam Business Systems Limited v Hedley and Company Bowsher, TCC 19 Dec 02.
10Except as set out in the preceding paragraphs of this section 3.2, there are no warranties, either expressedor implied, by this agreement. These include, but are not limited to, implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly disclaimed to the extent permissible by law. [ 3.3 ] Except as provided in clauses 3.2 and 3.3, SAM will not be responsible for any direct, incidental or consequential damages such as, but not limited to, loss of profits resulting from the use of the software, even if SAM have been advised of the possibility of such damage. Except as provided in clauses 3.2 and 3.3, any liability to which SAM might otherwise become subject shall, in aggregate, be limited to the license fee paid. " SAM Business Systems Limited v Hedley and Company Bowsher, TCC 19 Dec 02.
