To the extent permitted by law, in no event will Brady, any affiliate or subsidiary, or any of their respective officers, directors, employees, contractors, subcontractors, or representatives be liable to you or to any other party for any special, indirect, incidental or consequential damages, including damages or costs incurred as a result of loss of time, loss of savings, loss of property, loss of data, loss of profits or loss of goodwill, whether foreseeable or unforeseeable, which may arise out of or in connection with a defect in the Services, the underlying software to the Services, the documentation (if any) supporting the foregoing or any components or portions thereof including without limitation the use of or inability to use the foregoing, regardless of whether Brady has been advised by you of the possibility or likelihood of such damages occurring, or whether claims are based or remedies sought in contracts, negligence, strict liability, tort, products liability or otherwise.
Brady shall not be liable for and does not assume any responsibility for any breakages, damages, failures or delays caused by misuse, abuse, negligence, accidents, improper installation, force majeure events or any other causes beyond Brady’s control.
In all events and to the extent permitted by law, the total cumulative liability to you, or any other party, by Brady or any of its affiliated companies or any of its or their respective licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) shall be limited to and shall not exceed the aggregate of the renewal fees actually paid by the you to Brady (if any) for accessing the site during the 12 month period preceding the occurrence giving rise to a claim of liability.
Notwithstanding any provisions of these Terms of Service, where any legislation implies in these Terms of Service any term, condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of all liability under such term, condition or warranty, such term, condition or warranty shall be deemed included in these Terms of Service. In such circumstances, Brady’s liability for any breach of such term, condition or warranty shall be limited, however, at Brady’s option, to any one or more of the following;
If the breach relates to goods:
- The replacement of the goods or the supply of equivalent goods.
- The repair of such goods.
- The payment of the cost of replacing the goods or of acquiring the equivalent goods.
- The payment of the cost of having the goods repaired.
If the breach relates to services:
- The supplying of the services again.
- The payment of the cost of having the services supplied again.