Except as set forth above, TECHHEIM makes no other warranties or representations as to the Software. TECHHEIM reserves the right to change the warranty at any time without notice or liability to RESELLER or any other person. All implied warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose are hereby excluded. In no event shall TECHHEIM be liable for any indirect, incidental, consequential, or special damages, including lost profits, sustained or incurred in connection with the Software or caused by the Software' defects, regardless of the form of action, whether in contract, tort, including negligence and strict liability, or otherwise, and whether or not such damages were foreseen or unforeseen. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL AMOUNT OF LIABILITY OF THE TECHHEIM WITH RESPECT TO ANY WARRANTY, EXPRESSED OR IMPLIED, SHALL NOT EXCEED THE PRICE OF THE PRODUCTS UPON WHICH SUCH LIABILITY IS BASED.