Under what conditions is the license granted to a Remax customer to use the software and documentation?

R LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT FOR (i) CLAIMS INVOLVING BREACHES OF CONFIDENTIALITY OBLIGATIONS HEREUNDER INCLUDING ANY DATA BREACH AND (ii) INDEMNIFICATION OBLIGATIONS ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR BY OR ON BEHALF OF CUSTOMER UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Term and Termination.

• 10.1 Term. The initial term of this Agreement begins on the Effective Date and, unless terminated as otherwise provided in this Agreement, will continue in effect until the earlier of: (a) the date that Customer ceases to be a RE/MAX Customer; or (b) the termination or expiration of the MTSA (the "Term").
• 10.2 Termination with Cause. Either Party may terminate this Agreement in the event the other party breaches any representation, warranty, covenant, or obligation and (if such breach is capable of being cured), such breach is not cured within thirty (30) days of written notice thereof from the non-breaching party.
• 10.3 Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, the license granted hereunder will also terminate, and, without limiting Customer's obligations under Section 4, Customer shall cease using the Software, delete or destroy all Documentation and certify in writing to the Licensor that the Documentation has been deleted or destroyed. No expiration or termination will affect Licensor's entitlement to all Fees that may have become due before such expiration or termination, or entitle Customer to any refund. This Section 10.3 and Sections 1, 2.5, 4, 5, 7.3, 8, 9, and 11 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.

11. Miscellaneous.

• 11.1 Third-Party Beneficiaries. Each of RE/MAX Marketing Fund, LLC, RE/MAX Promotions, Inc., and RE/MAX, LLC are third-party beneficiaries of this Agreement and may enforce the rights and benefits of Customer as if they were party to this Agreement. Except as provided in the preceding sentence, no other person or entity shall be deemed a third party beneficiary to this Agreement. For the avoidance of doubt, Customer is not and shall not be deemed a third-party beneficiary of the MTSA.
• 11.2 Entire Agreement, Existing Agreements, Precedence of Documents. This Agreement, together with any other documents incorporated herein by reference and all Product Schedules, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.

Source: Item 22 — Contracts (FDD pages 108–334)