RED HOT AND ITS LICENSORS, OFFICERS AND AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO ANY CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR IN RESPECT OF ITS TERMS AND CONDITIONS RELATING THERETO UNDER ANY CONTRACT EITHER IN NEGLIGENCE. STRICT LIABILITY OR OTHER CAUSE OF ACTION FOR (A) ANY ERROR OR INTERRUPTION OF THE USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, DATA OR TECHNOLOGY OR FOR LOSS OF BUSINESS; (B) FOR ANY DIRECT OR INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH ALLEGED BREACH HOWSOEVER ARISING; (C) FOR ANY MATTER THAT IS BEYOND THE ACTUAL OR REASONABLY FORESEEABLE CONTROL OF RED HOT, INCLUDING IN PARTICULAR IN CIRCUMSTANCES WHERE RED HOT HAS BEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (D) FOR ANY AMOUNT THAT, TOGETHER WITH THE AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEEDS THE FEES PAID BY CUSTOMER TO RED HOT FOR THE SERVICES UNDER THIS AGREEMENT IN THE THREE MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY.
THAT RED HOT AND THE CUSTOMER BOTH AGREE THAT THE TERMS AND CONDITIONS ARE FAIR AND REASONABLE AND THAT IN THE EVENT THAT ANY OF THE TERMS AND CONDITIONS ARE FOUND TO BE UNREASONABLE OR UNENFORCEABLE AT LAW THEN THE PARTIES AGREE THAT A COURT OF COMPETENT JURISDICTION SHALL BE AUTHORISED TO RE-WRITE OR DELETE SUCH TERMS SO THAT THE TERMS AND CONDITIONS ARE DEEMED TO BE FAIR AND REASONABLE AS BETWEEN THE PARTIES.
IN THE EVENT THAT ANY TERM OF THE AGREEMENT IS DEEMED TO BE INVALID OR UNENFORCEABLE IN LAW THEN THE EXCLUSION OF THAT CLAUSE SHALL NOT RENDER THE REMAINDER OF THE TERMS AND CONDITIONS VOID OR VOIDABLE.
THAT THE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE TERMS AND CONDITIONS AS BETWEEN RED HOT AND THE CUSTOMER AND THAT NO OTHER CONTRARY TERMS AND CONDITIONS SHALL BE INCORPORATED IN THE CONTRACT OF SUPPLY BETWEEN THE PARTIES.