Except for any liability which cannot by law be excluded or limited, neither Gulf Image Bank nor any affiliates or members shall be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images, whether framed as a breach of warranty of merchantability or fitness for a particular purpose or noninfringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise. In no event shall Gulf Image Bank's or its affiliates' liability for your use of any image provided hereunder exceed the greater of the amount invoiced and paid by you for the use of that image.