12.6 subject to paragraphs 12.3 - 12.5 above , skype 's total liability to you under or in connection with these terms -lrb- whether in contract , tort -lrb- including negligence -rrb- or any other theory of liability -rrb- -rrb- shall not exceed in aggregate the amount paid by you for the products in the 12 month period immediately prior to the date of the event giving rise to the relevant claim , subject to a maximum of five thousand euros in all cases .