You agree to defend and indemnify RAXEL from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) any lost data or other indirect or consequential damages of any character, including, without limitation, damages for loss of profits, loss of goodwill, work stoppage, device failure or malfunction, or any and all other commercial damages or losses, (ii) the cost of procuring substitute products, services or technology, (iii) any use or loss of Data by Licensee or by any third party who has obtained such Data (directly or indirectly) from Licensee, or (iv) any amounts in excess of the License Fees paid to RAXEL under this agreement during the six (6) months preceding the date the cause of action arose. Licensee assumes total responsibility and risk for its use of the PULSE SDK and the Data and distribution of the Mobile Application. Licensee shall indemnify, defend and hold RAXEL harmless from and against all claims, suits, proceedings, awards, judgments, penalties, fines, damages, losses, liabilities, costs and expenses resulting from any and all third party (including End Users and public authorities) claims against RAXEL relating to any breach of this agreement by Licensee or the End Users or any use of the Data (or loss of Data) by Licensee or by any third party who has obtained such Data (directly or indirectly) from Licensee. As used in this section, "RAXEL" includes its employees, directors, officers, agents, representatives, subcontractors, service providers and suppliers. Claims for damages must be made by Licensee within six months of the incident to which they relate or be forever barred.