LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER THE DISCLAIMER OF WARRANTIES OR DISCLAIMER OF CERTAIN DAMAGES SECTIONS, OUR MAXIMUM, AGGREGATE LIABILITY TO LICENSEE, AND LICENSEE’S EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR WORDFENCE WILL NOT EXCEED THE MONIES PAID BY LICENSEE TO DEFIANT IN THE 12 MONTHS PRECEDING THE RELEVANT CLAIM OR $10, WHICHEVER IS GREATER.