ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE
PRODUCT (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ANY WARRANTY OF
NONINFRINGEMENT, ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION, ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE
NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED) OR FAULT OF WATCHGUARD OR FROM
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, AND ANY 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
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