Notices
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 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.
WatchGuard Technologies, Inc.
26