Melissa Data performs database update and enhancement services. In no event will either party be liable of the other party for loss of profits, loss of business, loss of data, interruption of business, cost of procurement of substitute goods and services, or for any special, consequential, exemplary, or incidental damages, arising out of related to said services, however caused, and whether arising under contract, tort, (including negligence) or any theory of liability resulting from any defect in or use of the services provided by Melissa Data. 

These limits will apply even if the party has been advised of the possibility of such damages. In no event shall either party's aggregate liability exceed the total fee paid or payable to Melissa Data.