Common use of Maximum Liability – Direct Damages Clause in Contracts

Maximum Liability – Direct Damages. WITH RESPECT TO THIS AGREEMENT AND THE SUBJECT MATTER HEREOF OR TREND MICRO’S PERFORMANCE HEREUNDER, IN NO EVENT OR CIRCUMSTANCE AND UNDER NO LEGAL THEORY, WHETHER BASED ON CONTRACT; EXPRESS OR IMPLIED OR STATUTORY WARRANTY, CONDITION OR GUARANTEE; MISREPRESENTATION; TORT (INCLUDING NEGLIGENCE); UNDER ANY CIVIL CODE; AND/OR ANY OTHER OR EQUITABLE THEORY LEGAL THEORY, WILL TREND MICRO’S LIABILITY TO COMPANY FOR ACTUAL DIRECT DAMAGES EXCEED IN THE AGGREGATE FOR ALL CLAIMS (AND NOT PER INCIDENT OR PER CLAIMANT) AND/OR CAUSES OF ACTION UNDER THIS AGREEMENT, THE TOTAL AMOUNT OF LICENSE FEES AND OTHER AMOUNTS PAID OR PAYABLE BY COMPANY FOR THE PRODUCT GIVING RISE TO SUCH CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCE FIRST GIVING RISE TO A CLAIM.