7. Limitation of Liability.
EXCEPT FOR AMOUNTS PAYABLE TO THIRD PARTIES IN CONNECTION WITH INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 8, OR A BREACH OF SECTION 2.3 OR SECTION 4: (a) UNDER NO CIRCUMSTANCES WILL EITHER PARTY, ITS SUPPLIERS, OR AFFILIATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS FOR LOSS OF DATA, USE OF OR INABILITY TO USE THE SERVICE, INTERRUPTION IN USE OR AVAILABILITY OF DATA OR THE SPECIFIC RESULTS OBTAINED THROUGH THE USE OF SERVICE) ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE; AND (b) IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH EITHER PARTY, ITS SUPPLIERS AND AFFILIATED PERSONS MAY INCUR IN ANY ACTION OR PROCEEDING ARISING HEREUNDER EXCEED THE TOTAL AMOUNT PAID TO KONVERSE (IN THE CASE OF KONVERSE’S LIABILITY) OR PAYABLE TO KONVERSE (IN THE CASE OF CUSTOMER’S LIABILITY) BY CUSTOMER, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.