This conversation is backwards. It's also wishful thinking.
"The parties also agreed to a limitation on Microsoft’s total liability, which would not impact the Company unless the amounts received from Google substantially exceed the judgment previously awarded."
The Company in bold above is VRNG. The cap, or maximum amount MSFT will have to pay does not change. It is a fixed, finite limit.
The wording "would not impact the company" means the cap is set at a level so as not to become an issue unless VRNG somehow collects a lot more than $30 million. In that case, VRNG is impacted because it will not collect 5% from MSFT for anything above the agreed upon level.
Some of you folks are extremely biased by your options positions and it impacts your thinking. This is patent licensing 101. Maximum thresholds and liability limitations are not going to change.
Ask yourself one basic question: What would be the point of putting in a royalty cap in the first place if it was just going to be adjusted upward? LOL. This board is comedy.