NEITHER FINGERPRINTJS NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. </li> <li>Liability Cap. FINGERPRINTJS’S (AND ITS SUPPLIERS’) ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED IN AGGREGATE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO FINGERPRINTJS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM (OR, IF FEWER THAN 12 MONTHS HAVE ELAPSED UNDER THE AGREEMENT, THE AVERAGE MONTHLY FEES PAID OR PAYABLE BY CUSTOMER TO FINGERPRINTJS UNDER THE AGREEMENT MULTIPLIED BY 12).</li> <li>Nature of Claims and Failure of Essential Purpose. The waivers and limitations in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose.</li> </ol> </li> <li> <strong>Indemnification</strong>. <ol> <li>FingerprintJS Indemnity. FingerprintJS will defend Customer from and against any third-party claim to the extent alleging that the Service, when used as authorized by Customer, infringes a third-party’s U.S. patent, copyright or trademark, and will indemnify Customer against any damages or costs awarded against Customer (including reasonable attorneys’ fees) or agreed in settlement by FingerprintJS resulting from the claim.