Watchguard Firebox X5500E Reference Manual page 119

Initial Developer (if the Initial Developer is not the Participant) and all Contributors under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration of such 60 day notice period,
unless if within such 60 day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally or pursuant to a written agreement
with Participant.
4.3 In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have
been validly granted by You or any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive termination.
7 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8 U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item, " as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-
7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those
rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other
FAR, DFAR, or other clause or provision that addresses Government rights in computer software
under this License.
9 MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be governed by the law of the
jurisdiction specified in a notice contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts
located in the jurisdiction and venue specified in a notice contained within the Original Software,
with the losing party responsible for costs, including, without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall not apply to
this License. You agree that You alone are responsible for compliance with the United States
export administration regulations (and the export control laws and regulation of any other
countries) when You use, distribute or otherwise make available any Covered Software.
Reference Guide
Licensing
111