11. LIMITATION OF LIABILITY. <p> <em> <strong> Except with respect to either party’s confidentiality or indemnification obligations hereunder or damages arising from either party’s violation of the other party’s Intellectual Property rights, (a) neither party will be liable to the other party or to any third party for any incidental, indirect, punitive, special or consequential damages relating to this Agreement and (b) Yottaram’s aggregate liability for any and all claims relating to or arising from this Agreement under any theory will not exceed the total fees paid by Customer to Yottaram in the twelve months before the event (or earlier of the events, if multiple events) giving rise to Customer’s claim for damages against Yottaram, or $10,000, whichever is more. </strong> </em> </p> <p> <em> <strong>Yottaram will have no liability to any third party for any losses or damages under any theory of liability.</strong> </em> </p> <p> <em> <strong> The limitations in this Section 11 will apply to all claims for damages, whether based in contract, warranty, strict liability, negligence, tort, or otherwise, and regardless of the person bringing the claim. </strong>