Watchguard BF4S16E5W, Руководство пользователя

Страница: 17 / 208

User Guide xvii
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. IN NO EVENT WILL WATCHGUARD
TECHNOLOGIES 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 TECHNOLOGIES HAS BEEN