Limited Hardware Warranty
Hardware Guide
iii
or destroyed by accidents, power spikes or similar events or by any
intentional, reckless or negligent acts or omissions of any party. You may
have additional warranties with respect to the Product from the
manufacturers of Product components. However, you agree not to look to
WatchGuard for, and hereby release WatchGuard from any liability for,
performance of, enforcement of, or damages or other relief on account of,
any such warranties or any breach thereof.
2. Remedies. If any Product does not comply with the WatchGuard
warranties set forth in Section 1 above, WatchGuard will, at its option,
either (a) repair the Product, or (b) replace the Product; provided, that you
will be responsible for returning the Product to the place of purchase and for
all costs of shipping and handling. Repair or replacement of the Product
shall not extend the Warranty Period. Any Product, component, part or
other item replaced by WatchGuard becomes the property of WatchGuard .
WatchGuard shall not be responsible for return of or damage to any
software, firmware, information or data contained in, stored on, or
integrated with any returned Products.
3. Disclaimer and Release. THE WARRANTIES, OBLIGATIONS AND
LIABILITIES OF WATCHGUARD, AND YOUR REMEDIES, SET FORTH
IN PARAGRAPHS 1 AND 2 ABOVE ARE EXCLUSIVE AND IN
SUBSTITUTION FOR, AND YOU HEREBY WAIVE, DISCLAIM AND
RELEASE ANY AND ALL OTHER WARRANTIES, OBLIGATIONS AND
LIABILITIES OF WATCHGUARD AND ALL OTHER RIGHTS, CLAIMS
AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD,
EXPRESS OR IMPLIED, 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 of Liability. WATCHGUARD TECHNOLOGIES’ 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.
