Common use of General Cap Clause in Contracts

General Cap. Except with respect to liability arising from either party’s obligations of indemnification under Sections 10 and 4.d.iii, Data Related Claims (as defined below), or Customer’s obligation to pay amounts owed to Rhapsody under this Agreement (collectively, “Excluded Items”), in no event will either party be liable to the other (including, in the case of Rhapsody, to any End User or User) with respect to this Agreement or otherwise under any legal theory, whether in an action based on a contract, tort (including negligence and strict liability) or any other legal theory, however arising, for any incidental, special, exemplary or consequential damages, including but not limited to damages resulting from lost profits, interruption of business, loss of use of computer hardware, or loss of goodwill, even if the other party has been advised of the possibility of such damages. Except with respect to liability arising from Excluded Items, in no event will the aggregate liability of either party for direct damages under this Agreement exceed the total payments made by Customer to Rhapsody during the six months prior to the event giving rise to the claim. This limitation of liability is cumulative, with all expenditures and payments made or other liability under this Agreement (except with respect to the Excluded Items) being aggregated to determine satisfaction of this limit. The existence of more than one such claim will not enlarge this limit in any respect. The limitations set forth in this Agreement also apply to Rhapsody’s Suppliers. It is the maximum for which Rhapsody and its Suppliers are collectively responsible.