All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly excluded from this warranty. Your sole and exclusive remedy for any cause of action arising out of any defective software or breach of this Agreement is limited to us providing conforming 2FAS Service within five (5) days of your notice to us of non-conforming 2FAS Service or your ability to cancel the 2FAS Service at no charge and with a pro-rata refund of any pre-paid fees for the dates of non-conforming 2FAS Service. Under no circumstances will we be liable for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise. Under no circumstances will our liability under this Agreement exceed the amount paid by you to us in the proceeding twelve (12) months. If your jurisdiction does not allow such limitations, the permissible limitations shall apply.</li> <li>Limitation of liability<ol> <li>Neither you nor we will be liable to each other for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise. Under no circumstances will our liability under this Agreement exceed the amount paid by you to us in the proceeding twelve (12) months.