AND ALL TIMES ARISING FROM OR RELATED TO THE USE OF THE APP OR THE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY) FOR AN AGGREGATE AMOUNT THAT EXCEEDS THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP DURING THE PREVIOUS 12 MONTH PERIOD, OR USD $10.00, WHICHEVER IS GREATER.</p> <p>IN NO EVENT WILL PDFTRON BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF PDFTRON HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.</p> </li> <li> <p>Indemnification.