and d) any intellectual property right infringement claim arising out of Customer Materials.</p> <p> <br> <b> </b> </p> <p> <b>12. LIMITATION OF LIABILITY:</b> </p> <p>a) Except in case of Glance ‘s willful misconduct, gross negligence and/or fraud, in no event will Glance be liable for any consequential, indirect, incidental, punitive, special, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, business interruption, loss of information, and the like, incurred by Customer arising out of an IO, even if such party has been advised of the possibility of such damages.</p> <p> <br> <b> </b> </p> <p>b) Except in connection with the Glance ‘s willful misconduct, gross negligence and/or fraud, Glance’s total cumulative liability to Customer from all causes of action, claims and all theories of liability will be limited to direct damages only and will not, exceed the fees received by Glance corresponding to the portion of the IO spend for Surveys conducted.</p> <p> <br> <b> </b> </p> <p> <b>13. NOTICE</b> </p> <p>