Legal and Regulatory Information
4
WatchGuard XTM 2-Series
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR CONTRIBUTED TO BY,
THE PRODUCT).
4. LIMITATION AND LIABILITY. WATCHGUARD'S LIABILITY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY),
TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY)
WITH REGARD TO ANY PRODUCT WILL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR SUCH PRODUCT.
THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF ANY AGREED REMEDY. IN NO EVENT WILL WATCHGUARD BE
LIABLE TO YOU OR ANY THIRD PARTY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING
ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY) FOR COST OF COVER
OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS
OF PROFITS, BUSINESS, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE USE OF OR
INABILITY TO USE THE PRODUCT, EVEN IF WATCHGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF ANY AGREED REMEDY.
5. MISCELLANEOUS PROVISIONS. This Warranty will be governed by the laws of the state of Washington, U.S.A., without
reference to its choice of law rules. The provisions of the 1980 United Nations Convention on Contracts for the
International Sales of Goods, as amended, shall not apply. You agree not to directly or indirectly transfer the Product or
use of the product or associated documentation to any country to which such transfer would be prohibited by the U.S.
Export laws and regulations. If any provision of this Warranty is found to be invalid or unenforceable, then the remainder
shall have full force and effect and the invalid provision shall be modified or partially enforced to the maximum extent
permitted by law to effectuate the purpose of this Warranty. This is the entire agreement between WatchGuard and you
relating to the Product, and supersedes any prior purchase order, communications, advertising or representations
concerning the Product AND BY USING THE PRODUCT YOU AGREE TO THESE TERMS. IF THE PRODUCT IS BEING USED BY
AN ENTITY, THE INDIVIDUAL INDICATING AGREEMENT TO THESE TERMS BY USING THE PRODUCT REPRESENTS AND
WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THE WARRANTY ON BEHALF OF THE ENTITY
AND TO BIND THE ENTITY TO THE TERMS OF THIS WARRANTY; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR
OTHERWISE, TO ENTER INTO THE WARRANTY AND PERFORM ITS OBLIGATIONS UNDER THE WARRANTY AND; (C) THE
WARRANTY AND THE PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THE WARRANTY DO NOT VIOLATE ANY
THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification of the Warranty will be valid
unless it is in writing and is signed by WatchGuard.
