IN NO EVENT SHALL THE USER BE ENTITLED TO DAMAGES THAT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE LICENSOR PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. </strong> <strong>THE USER ACKNOWLEDGES THAT THE PROPER FUNCTIONING OF THE SERVICES AND THE SITE DEPEND UPON MANY FACTORS BEYOND THE CONTROL OF LICENSOR. </strong>