(b) fraud or fraudulent misrepresentation. or (c) any other liability that cannot be excluded or limited by English law.</p> <p>9.4. Other than the losses set out in Section 9.2 (for which Temporall is not liable), to the fullest extent permitted by law, Temporall’s maximum aggregate liability under or in connection with this Agreement whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the licence fee paid by Customer for the Product during the twelve months prior to the event giving rise to liability.</p> <p> <strong>10. Indemnification.</strong> </p> <p>10.1. By Temporall. Temporall will defend and indemnify, or at its option settle, Customer from and against all liabilities, damages, and costs, arising out of a third party claim that the Product used in accordance with the Documentation and this Agreement infringes any Intellectual Property Rights of that third party.</p> <p>10.2.