10.3 Disclaimer of Damages.</b> NEXTROLL WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS (WHETHER DIRECT OR INDIRECT) OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES RELATED TO THIS AGREEMENT, EVEN IF NEXTROLL IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.</p> <p> <b>10.4 Cap on Liability.</b> UNDER NO CIRCUMSTANCES WILL NEXTROLL’S COLLECTIVE TOTAL LIABILITY ARISING OUT THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO NEXTROLL UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY