LIMITATION OF LIABILITY</strong> </p> <p>4.1<br> Except as expressly provided in these Terms and Conditions, or as prohibited by law (and without limiting liability for personal injury or death arising from the Company’s negligence) the Services are provided “as is” and no warranty, undertaking or term, express or implied, statutory or otherwise. and all such warranties, undertakings and terms are hereby excluded.</p> <p>4.2<br> The aggregate liability of each party arising out of or related to the Contract, whether in contract, tort or any other theory of liability, shall not exceed the amount of annual subscription or fee paid (or payable, as applicable) for the Services by Customer hereunder in the 12 months preceding the circumstances cited as the cause for claim giving rise to such liability.