Watchguard Firebox X20E User Manual page 3

(A) Use, copy, modify, merge or transfer copies of the SOFTWARE PRODUCT or printed materials except as provided in this
AGREEMENT;
(B) Use any backup or archival copy of the SOFTWARE PRODUCT (or allow someone else to use such a copy) for any purpose
other than to replace the original copy in the event it is destroyed or becomes
(C) Sublicense, lend, lease or rent the SOFTWARE
(D) Transfer this license to another party unless
(i) the transfer is permanent,
(ii) the third party recipient agrees to the terms of this AGREEMENT, and
(iii) you do not retain any copies of the SOFTWARE
(E) Reverse engineer, disassemble or decompile the SOFTWARE PRODUCT.
4. Limited Warranty. WATCHGUARD makes the following limited warranties for a period of ninety (90) days from the date you
obtained the SOFTWARE PRODUCT from WATCHGUARD or an authorized dealer:
(A) Media. The disks and documentation will be free from defects in materials and workmanship under normal use. If the disks or
documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of
charge if you return the defective disk or documentation to WATCHGUARD with a dated proof of purchase.
(B) SOFTWARE PRODUCT. The SOFTWARE PRODUCT will materially conform to the documentation that accompanies it. If the
SOFTWARE PRODUCT fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of
the SOFTWARE PRODUCT and the documentation to the authorized dealer from whom you obtained it, along with a dated proof
of purchase, specifying the problems, and they will provide you with a new version of the SOFTWARE PRODUCT or a full refund,
at their election.
Disclaimer and Release. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF WATCHGUARD, AND YOUR REMEDIES, SET FORTH
IN PARAGRAPHS 4, 4(A) AND 4(B) 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 ITS LICENSORS AND ALL
OTHER RIGHTS, CLAIMS AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD AND ITS LICENSORS, EXPRESS OR IMPLIED,
ARISING BY LAW OR 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
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
FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS
User Guide
defective;
PRODUCT;
PRODUCT; or
OTHERWISE; AND NOTWITHSTANDING
AGREEMENT; (B) THE ENTITY HAS THE
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