Such indemnification shall only apply to claims for damages directly attributable to Yay Image's breach of the warranties and representations in this Agreement, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any valid actual third party lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of unaltered Content downloaded and used by You pursuant to this Agreement violate Yay Image's warranties and representations contained herein. This indemnification is on the condition that You give Yay Images: <ol> <li>prompt written notice of any actual or threatened claim(s) known to You;</li> <li>full information, assistance and cooperation for the defense or settlement thereof. and </li> <li>at Yay Image's option, sole control of any defense, settlement or action related thereto.</li> <li>Yay Images shall not be responsible for any claim settled without Yay Images's consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein. </li> <li>Liability Cap. Yay Image's maximum aggregate obligation and liability to You for all claims (assessed collectively) under number 3 shall be limited to Twenty Five Thousand United States Dollars (US$25,000.00) or the total amount of the license fees paid by You for the Content (Liability Cap).</li> <li>Recovery of Costs.