LIMITATION OF LIABILITY
The Imaging Systems Group’s total liability to the purchaser, or to any third party, for damages from any and all causes whatsoever, regardless of the form of action, whether in contract or in tort, including negligence, and any infringement of proprietary rights or any misappropriation or unlawful use of any proprietary rights or property of any third party shall, in the aggregate, be limited to purchase price actually paid by the purchaser for the product relating to the damages. The limitation of liability provisions of this agreement reflect an informed voluntary allocation of the risks (known and unknown) that may exist in connection with the provisions of the goods and services provided hereunder by The Imaging Systems Group Inc., and that such voluntary risk allocation represents a fundamental part of the agreement reached between The Imaging Systems Group Inc. and the purchaser.
The Imaging Systems Group Inc. shall not be liable for any special, direct or indirect, incidental, consequential, exemplary, punitive or any similar or other damages of any nature suffered by the purchaser whatsoever including, without limitation, loss of use or lack of availability of the purchaser facilities, including its computer resources and any stored data, loss of profits or revenue, or other commercial loss, or any claim for contribution or indemnity in respect of any claims against the purchaser, regardless of whether The Imaging Systems Group Inc. has been advised of the possibility of such damages.
The Imaging Systems Group Inc.
911 28th Street N.E. Calgary, Alberta
Phone
Fax: (403)
V8.5eRev2.2.2002 | v |