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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.
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