5. LIMITATION OF LIABILITY
a) In no event shall the Vendor, its shareholders, its employees or its agents be liable for any loss, injury or damages arising from:
i) the Purchaser’s failure to perform the Purchaser’s responsibilities as set forth in this Order;
ii) the act or omission of any third person;
iii) any cause (including, but not limited to delay in performance of any of the Vendor’s obligations hereunder) beyond the Vendor’s control.
b) The limitation of liability as set forth in paragraph a) above shall apply in respect of any claim, demand, or action by the Purchaser or any third person, irrespective of the nature of the cause of action underlying the same, including but not limited to breach of contract or tort, except that the foregoing limitation of liability shall not apply to claims for damages for personal injury caused solely by the Vendor’s negligence.
c) The Purchaser agrees to defend the Vendor, its shareholders, its directors, its officers, its employees and its agents and to hold them free and harmless, at all times, from and against any claim, demand or action by any third person, to which the limitation of liability as set forth in paragraph a) above is applicable. In addition, the Purchaser agrees to reimburse and to indemnify the Vendor, its shareholders, its directors, its officers, its employees, and its agents, in capital, cost and interest, of any sums they may have to pay to a third person in respect to any claim demand or action by such third person, to which the limitation of liability as set forth in paragraph a) above is applicable.
d) The Purchaser agrees to the terms and conditions of the Shrink-Wrap License Agreement that comes with the Software product
e) The Vendor is not responsible for failure to fulfil its obligations under this Order due to causes beyond its control.
f) Any decision of any court invalidating a provision of this Order shall not have the effect of invalidating any other provision of this Order or to affect the binding character thereof.