Common use of Cumulative Liability Clause in Contracts

Cumulative Liability. OANDA’S TOTAL CUMULATIVE LIABILITY TO LICENSEE FOR ANY LOSS, COSTS, CLAIM OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY LICENSEE TO OANDA UNDER THIS AGREEMENT DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE AT WHICH SUCH CAUSE OF ACTION FIRST AROSE. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN OANDA AND LICENSEE AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO OANDA UNDER THIS AGREEMENT.