Common use of Cap on Liability Clause in Contracts

Cap on Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. HOWEVER, THE ABOVE LIMITATIONS SHALL NOT APPLY IN CASE OF (I) BREACH OF ANY CONTRACTUAL PAYMENT OBLIGATION, (II) BREACH OF SECTION 2.4, (III) BREACH OF CONFIDENTIALITY, (IV) DEATH, (V) BODILY INJURY, (VI) GROSS NEGLIGENCE, OR (VII) WILLFUL MISCONDUCT.