Consequential damages exclusion</strong>. IN NO EVENT SHALL DISCOVERY EDUCATION BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.</p> <p>8.2. <strong>Aggregate Liability</strong>. To the maximum extent permitted by law, in no event shall Discovery Education’s aggregate liability with respect to any matters whatsoever arising under or in connection with the Free Access Terms exceed the lesser of (i) total fees paid by Subscriber to Discovery Education under the Free Access Terms within the twelve (12) month period prior to the date the cause of action giving rise to liability arose or $100,000.