Common use of MONETARY CAP Clause in Contracts

MONETARY CAP. IN NO EVENT WILL TRITAN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED AN AMOUNT EQUAL TO THAT ACTUALLY PAID BY CLIENT TO TRITAN FOR THE SOFTWARE AND/OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSIONS GIVING RISE TO THE CLAIM, LESS ANY CREDITS RECEIVED BY CLIENT FROM TRITAN DURING THE SAME TIME PERIOD.