To the maximum extent permitted by applicable law, in no event will Vovsoft or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Vovsoft's entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the fees licensee paid for this license (if any), with the exception of death or personal injury caused by the negligence of Vovsoft to the extent applicable law prohibits the limitation of damages in such cases.