YOU AGREE THAT ZENIMAX, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.</p> <p>D. Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF ZENIMAX OR ITS AFFILIATES, LICENSORS, LICENSEE, content providers, AND distributors/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, contractors, agents, OR vendors, (COLLECTIVELY, " <strong>ZENIMAX</strong> <strong>AFFILIATES</strong>") FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR ACCESS TO, OR YOUR PLAY, RECEIPT OR USE OF ANY SERVICE EXCEED USD$100.00.</p> <p>E. Direct Damages. SUBJECT TO SECTION 12(D) ABOVE, ZENIMAX WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) ZENIMAX'S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) ZENIMAX'S BREACH OF ANY DUTIES IMPOSED ON ZENIMAX BY LAW (INCLUDING, BUT NOT LIMITED TO, IF ZENIMAX CAUSES DEATH OR PERSONAL INJURY BY ZENIMAX'S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT.