; or (B) arises under an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph (1) and could affect the relief awarded to the claimant. (5) A legal or equitable defense, pursuant to this title or otherwise available under law, in response to a claim or counterclaim asserted under this subsection. (6) A single claim or multiple claims permitted under paragraph (1), (2), or (3) by one or more claimants against one or more respondents: Provided, however , That all claims asserted in any one proceeding arise out of the same allegedly infringing activity or continuous course of infringing activities and do not in the aggregate result in a claim for damages in excess of the limitation provided in subsection (e)(1)(D). (d) Excluded claims The following claims and counterclaims are not subject to determination by the Copyright Claims Board: (1) A claim or counterclaim that is not a permissible claim or counterclaim under subsection (c). (2) A claim or counterclaim that has been finally adjudicated by a court of competent jurisdiction or that is already pending before a court of competent jurisdiction, unless such court has issued a stay to permit such claim or counterclaim to proceed before the Copyright Claims Board. (3) A claim or counterclaim by or against a Federal or State government entity. (4) A claim or counterclaim asserted against a person or entity residing outside of the United States. (5) A claim or counterclaim dismissed by the Copyright Claims Board pursuant to section 1405(f)(3). (e) Permissible remedies (1) Monetary recovery (A) Actual damages, profits, and limited statutory damages Subject to the limitation on total monetary recovery set forth in subparagraph (D), with respect to a claim or counterclaim for infringement of copyright, the Copyright Claims Board may award— (i) actual damages and profits determined in accordance with section 504(b) of this title, which determination shall include in appropriate cases consideration