; or (ii) arises under an agreement pertaining to the same transaction or occurrence that is the subject of a claim of infringement brought under paragraph (1), if the agreement could affect the relief awarded to the claimant. (5) A legal or equitable defense under 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, but only if 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 the recovery of such claim or claims for damages that exceed the limitations under subsection (e)(1). (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 pending before a court of competent jurisdiction, unless that court has granted a stay to permit that claim or counterclaim to proceed before the Copyright Claims Board. (3) A claim or counterclaim by or against a Federal or State governmental entity. (4) A claim or counterclaim asserted against a person or entity residing outside of the United States, except in a case in which the person or entity initiated the proceeding before the Copyright Claims Board and is subject to counterclaims under this chapter . (e) Permissible remedies (1) Monetary recovery (A) Actual damages, profits, and statutory damages for infringement With respect to a claim or counterclaim for infringement of copyright, and subject to the limitation on total monetary recovery under subparagraph (D), the Copyright Claims Board may award either of the following: (i) Actual damages and profits determined in accordance