</ol> <ol> <li>Nothing in this Agreement excludes the liability of either Party:</li> </ol> <ol> <li>for death or personal injury caused by Texthelp's negligence. or</li> <li>for fraud or fraudulent misrepresentation.</li> </ol> <ol> <li>Subject to clause ‎14.1 and clause ‎14.2:</li> </ol> <ol> <li>Texthelp shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement. and</li> <li>Texthelp's total aggregate liability in contract (including in respect of the indemnity at clause ‎13.1), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the lesser of £1,000,000 or the total Product Fees paid for the Authorised Seats during the 12 months immediately preceding the date on which the claim arose.</li>