DATA FOUNDRY’S LIABILITY TO CUSTOMER (INCLUDING WITHOUT LIMITATION DATA FOUNDRY’S LIABILITY UNDER SECTION 9.1 (INDEMNIFICATION)) ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATED TO THIS AGREEMENT OR THE SERVICES BEING PROVIDED IN CONNECTION HEREWITH SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM FOR DAMAGES. IN ANY INSTANCE INVOLVING THE FAILURE OF DATA FOUNDRY SUPPLIED EQUIPMENT (THROUGH NO FAULT OF CUSTOMER), CUSTOMERS SOLE REMEDY SHALL BE, AT DATA FOUNDRY’S SOLE DISCRETION, REPAIR OR REPLACEMENT OF SUCH DATA FOUNDRY SUPPLIED EQUIPMENT BY DATA FOUNDRY. CUSTOMER’S LIABILITY TO DATA FOUNDRY (INCLUDING WITHOUT LIMITATION CUSTOMER’S LIABILITY UNDER SECTION 9.1 (INDEMNIFICATION)) ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATED TO THIS AGREEMENT OR THE SERVICES BEING PROVIDED IN CONNECTION HEREWITH SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED THE AMOUNTS PAID BY CUSTOMER TO DATA FOUNDRY FOR THE SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM FOR DAMAGES.