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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 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
WatchGuard Technologies, Inc.
Notices
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