UPON WHICH ANY SUCH LIABILITY IS BASED. AND (II) THE AGGREGATE LIABILITY OF HEAP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT AND DAMAGES NOT TO EXCEED THE TOTAL AMOUNT PAYABLE OR PAID TO HEAP UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO ANY TERMINATION.</p> <p> <strong>12.</strong> .  . <strong>MISCELLANEOUS.</strong> </p> <p> </p> <p> <strong>12.1  . </strong> <strong>Export Control</strong>. The Services that Heap provides under this Agreement may be subject to export laws, rules and regulations of the United States and other jurisdictions. .