Notices
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 O
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 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.
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