Watchguard Firebox X15 User Manual page 4

OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE 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 THAT THE
SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, 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
AND ITS LICENSORS AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO,
OR CAUSED BY OR CONTRIBUTED TO BY, THE SOFTWARE PRODUCT).
Limitation of Liability. WATCHGUARD'S LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE; AND
NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) WITH REGARD TO
THE SOFTWARE 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 AN 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), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE USE OF OR
INABILITY TO USE THE SOFTWARE 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 AN AGREED
REMEDY.
5. United States Government Restricted Rights. The SOFTWARE PRODUCT is provided with Restricted
Rights. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is
subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer
Software -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is WatchGuard
Technologies, Inc., 505 5th Ave. South, Suite 500, Seattle, WA 98104.
6. Export Controls. You agree not to directly or indirectly transfer the SOFTWARE PRODUCT or
documentation to any country to which such transfer would be prohibited by the U.S. Export
Administration Act and the regulations issued thereunder.
7. Termination. This license and your right to use the SOFTWARE PRODUCT will automatically terminate if
you fail to comply with any provisions of this AGREEMENT, destroy all copies of the SOFTWARE PRODUCT in
your possession, or voluntarily return the SOFTWARE PRODUCT to WATCHGUARD. Upon termination you
will destroy all copies of the SOFTWARE PRODUCT and documentation remaining in your control or
possession.
8. Miscellaneous Provisions. This AGREEMENT will be governed by and construed in accordance with the
substantive laws of Washington excluding the 1980 United National Convention on Contracts for the
International Sale of Goods, as amended. This is the entire AGREEMENT between us relating to the
SOFTWARE PRODUCT, and supersedes any prior purchase order, communications, advertising or
representations concerning the SOFTWARE PRODUCT AND BY USING THE SOFTWARE PRODUCT YOU AGREE
TO THESE TERMS. IF THE SOFTWARE PRODUCT IS BEING USED BY AN ENTITY, THE INDIVIDUAL INDICATING
AGREEMENT TO THESE TERMS REPRESENTS AND WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY
AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO THE
TERMS OF THIS AGREEMENT; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER
INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AD// (C) THIS
AGREEMENT AND THE PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT
VIOLATE ANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification of
this AGREEMENT will be valid unless it is in writing and is signed by WATCHGUARD.
Version: 040226
iv WatchGuard Firebox X Edge