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Licensing
SYMANTEC GATEWAY SECURITY APPLIANCE (300/400 SERIES) LICENSE AND WARRANTY AGREEMENT
requested RMA as long as we determine that You meet the conditions for warranty service. The allegedly
defective Appliance, or component thereof, shall be returned to Symantec, securely and properly packaged,
freight and insurance prepaid, with the RMA number prominently displayed on the exterior of the
shipment packaging and with the Appliance. Symantec will have no obligation to accept any Appliance
which is returned without an RMA number.
Upon completion of repair or if Symantec decides, in accordance with the warranty, to replace a defective
Appliance, Symantec will return such repaired or replacement Appliance to You, freight and insurance
prepaid. In the event that Symantec, in its sole discretion, determines that it is unable to replace or repair
the Hardware, Symantec will refund to You the F.O.B. price paid by You for the defective Appliance.
Defective Appliances returned to Symantec will become the property of Symantec.
Symantec does not warrant that the Appliance will meet Your requirements or that operation of the
Appliance will be uninterrupted or that the Appliance will be error-free.
In order to exercise any of the warranty rights contained in this Agreement, You must have available an
original sales receipt or bill of sale demonstrating proof of purchase with Your warranty claim.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE
TO STATE AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages
:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC
AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY
REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC OR
ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR
DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO CASE SHALL SYMANTEC'S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE
FOR THE APPLIANCE.
The disclaimers and limitations set forth above will apply regardless of whether
You accept the Software or the Appliance.
5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Symantec products and documentation are commercial in nature. The
software and software documentation are "Commercial Items", as that term is defined in 48 C.F.R. section
2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation", as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section
252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable.
Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202
through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal
Regulations, as applicable, Symantec's computer software and computer software documentation are
licensed to United States Government end users with only those rights as granted to all other end users,
according to the terms and conditions contained in this license agreement. Manufacturer is Symantec
Corporation, 20330 Stevens Creek Blvd., Cupertino, CA 95014.
