6.    INDEMNIFICATION; LIMITATION OF LIABILITY.
 

6.1    Indemnification.

(a)    Author Indemnity. 

Author will indemnify, defend and hold harmless HealthBreeze, its affiliates, and Users fromand against any third party claim based on or otherwise arising out of: (i) HealthBreeze’s authorized use of any Author Content or any other content or materials made available by Author to HealthBreeze under this Agreement; (ii) a claim alleging facts that would constitute a breach of Author’s covenants, representations and warranties under this Agreement; or (iii) a claim that the Author Content violates or encourages violation of any applicable laws; provided, however, that Author will not be liable under this Section 6.1(a) for any third party claim arising from Derivative Works created by or on behalf of a third party.

(b)    HealthBreeze Indemnity.  

HealthBreeze will indemnify, defend and hold harmless Author, and its affiliates from and against any third party claim alleging that HealthBreeze’s technology (including without limitation graphics) used to provide the HealthBreeze Service infringes any United States trademark, copyright or trade secret of such third party; provided, however, thatHealthBreeze will not be liable under this Section

6.1(b) for any third party claim arising from any content, technology, information or data provided or made available to HealthBreeze by Author, Users, or any third parties.

6.2    Limitation of Liability.

Except for amounts payable pursuant to the Parties’ obligations under Section 6.1, (a) neither Party will be liable to the other for indirect, incidental, consequential, special, punitive or exemplary damages , including without limitation loss of profit, even if the Party has been advised of the possibility thereof, and (b) each Party’s total aggregate liability related to this Agreement will not exceed the amount of Revenue based on the Author Content during the twelve (12) months immediately preceding the date on which such claim arises.