Watchguard SSL 1000 Hardware Manual page 3

respect to the Product from the manufacturers of Product components. However, you agree not to
look to WatchGuard for, and hereby release WatchGuard from any liability for, performance of,
enforcement of, or damages or other relief on account of, any such warranties or any breach
thereof.
2. REMEDIES. If any Product does not comply with the WatchGuard warranties set forth in
Section 1 above, WatchGuard will, following receipt of the product you claim is defective and at its
option, either (a) repair the Product, or (b) replace the Product; provided, that you will be
responsible for returning the Product and for all costs of shipping and handling. Repair or
replacement of the Product shall not extend the Warranty Period. Any Product, component, part
or other item replaced by WatchGuard becomes the property of WatchGuard. WatchGuard shall
not be responsible for return of or damage to any software, firmware, information or data
contained in, stored on, or integrated with any returned Products.
3. DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF WATCHGUARD,
AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 1 AND 2 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 ALL OTHER RIGHTS, CLAIMS
AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD, EXPRESS OR IMPLIED, ARISING BY LAW
OR OTHERWISE, WITH 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 OF
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 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
Hardware Guide iii