Limitation of Liability

ChiAha shall have no libaility for third party claims. In no event shall ChiAha be liable to licensee for any indirect, incidental, consequential, special, reliance, or puntitive damages, or lost or imputed profits or lost data. ChiAha’s aggregate, cumulative liability for any and all claims arising in connection with this EULA shall not exceed the licensee fees actually received by ChiAha from licensee hereunder during the twelve month period ending on the day such claim is first asserted. The foregoing limitation will not apply notwithstanding any failure of essential purpose of any limited remedy.