THE LIABILITY OF TREND MICRO, ITS AFFILIATES, AND ITS ,THEIR SUPPLIERS (INCLUDING ANY HOSTING PLATFORM) AND LICENSORS TO COMPANY FOR LOSSES, EXPENSES, OR ,DAMAGES RELATED TO OR ARISING FROM ALL RELATED AND UNRELATED CAUSES OF ACTION, CLAIMS, SUITS, AND,OTHER LEGAL PROCEEDINGS OF ANY KIND OR NATURE (REGARDLESS OF WHETHER BASED ON ,EXPRESS/IMPLIED/STATUTORY WARRANTY, GUARANTEE, CONDITION, MISREPRESENTATION, CONTRACT AND BREACH ,THEREOF, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), UNDER ANY CIVIL/COMMERCIAL CODE, AND/OR ANY ,OTHER OR EQUITABLE OR LEGAL THEORY) THAT ARE ACTS OR OMISSIONS OF TREND MICRO SPECIFICALLY ,ATTRIBUTABLE TO: (A) AN UNCURED MATERIAL BREACH OF THESE TERMS OF SERVICE. (B) THE RELATIONSHIP OF ,PARTIES. AND/OR ( C ) THE PROVISION/SUPPLY OF CLOUD SERVICES AND/OR SUPPORT SERVICES, SHALL BE LIMITED TO ,ACTUAL DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED, IN THE AGGREGATE (AND NOT PER INCIDENT OR PER ,CLAIMANT) FOR ALL CLAIMS AND CAUSES OF ACTION, THE TOTAL FEES AND OTHER AMOUNTS PAID BY COMPANY FOR ,THECLOUDSERVICEGIVINGRISETOORCAUSINGSUCHLOSS,EXPENSE,ORDAMAGEINTHETWELVE(12)MONTHPERIOD ,IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LOSS, EXPENSE, OR DAMAGE, LESS ANY REFUNDS OR ,CREDITS PREVIOUSLY RECEIVED BY COMPANY FROM TRENDMICRO WITH RESPECTTHERETO.,8.3Basis of the Bargain. Each Party recognizes and agrees that the waivers, warranty limitations, as well as disclaimers ,andexclusionsfromandlimitationsofliabilityand/orremediesintheseTermsofServiceareamaterialandessentialbasisoftheseTerms,of Service. reflect a reasonable allocation of risk between the Parties. are fair, reasonable, and a fundamental part of these Terms of ,Service;andeachhasbeentakenintoaccountandreflectedindeterminingtheconsiderationtobegivenbyeachPartyundertheseTerms ,of Service and in the decision by each Party to enter into these Terms of Service.