To receive any of the Service Credits described above, You must notify Asc within thirty (30) days from the time You become eligible to receive a Service Credit. Failure to comply with this requirement will forfeit You right to receive a Service Credit.</p> </li> </ul> <p> <strong>12. LIMITED LIABILITY.</strong> </p> <ul> <li> <p>IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS AND BUSINESS INTERRUPTION), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION ‎12.1‎SHALL NOT APPLY TO YOUR BREACH OF THE RESTRICTIONS SET FORTH IN SECTION ‎3.</p> </li> <li> <p>NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IF&nbsp;A PARTY IS FOUND TO BE LIABLE BY A FINAL JUDICIAL RULING, THE CUMULATIVE LIABILITY THEREUNDER FOR ANY CLAIM RELATING TO THE SOFTWARE AND TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED THE AMOUNT PAID OR DUE BY YOU TO US FOR THE PROVISION OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM. THIS SECTION ‎‎12.1 SHALL NOT APPLY TO: (A) A BREACH OF EITHER PARTY’S CONFIDENTIALITY OBLIGATIONS.