12.1. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN UNION, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, THEREFORE, THE FOLLOWING LIMITATION OR EXCLUSION MAY NOT APPLY TO THIS LICENSE CONTRACT IN THOSE STATES AND COUNTRIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET OUT IN THIS LICENSE CONTRACT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL BALASYS BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES OR LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE Proxedo Network Security Suite EVEN IF BALASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. IN NO CASE SHALL BALASYS'S TOTAL LIABILITY UNDER THIS LICENSE CONTRACT EXCEED THE FEES PAID BY LICENSEE FOR THE Proxedo Network Security Suite LICENSED UNDER THIS LICENSE CONTRACT.