Damages Cap. EXCEPT FOR THE OBLIGATIONS ARISING OUT OF SECTION 9(d); A BREACH OF A PARTY’S CONFIDENTIALITY, PRIVACY, OR DATA PROTECTION OBLIGATIONS; A VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOUR LIABILITY OR THE COVERED PARTIES’ AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE GREATER OF: (i) THE TOTAL AMOUNTS YOU RECEIVED OR WERE DUE TO RECEIVE UNDER THIS AGREEMENT DURING THE PREVIOUS 12 MONTHS; OR (ii) FIVE THOUSAND ($5,000) USD.
Appears in 4 contracts
Sources: Publisher Agreement (Agroz Inc.), Microsoft Publisher Agreement (Agroz Inc.), Microsoft Publisher Agreement (Agroz Inc.)