Watchguard AP430CR Hardware Manual page 30

2. REMEDIES. If any Product does not comply with the WatchGuard warranties set forth in Section 1
above, WatchGuard will, following the receipt of the product you claim is defective and at its option,
either (a) repair the Product, or (b) replace the Product with a like or similar 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 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 BY AN ENTITY, THE INDIVIDUAL
INDICATING AGREEMENT TO THESE TERMS BY USING THE PRODUCT REPRESENTS AND WARRANTS
THAT (A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THE WARRANTY ON BEHALF OF THE
ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS WARRANTY; (B) THE ENTITY HAS THE FULL
POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THE WARRANTY AND PERFORM ITS
OBLIGATIONS UNDER THE WARRANTY AND; (C) THE WARRANTY AND THE PERFORMANCE OF THE
ENTITY'S OBLIGATIONS UNDER THE WARRANTY DO NOT VIOLATE ANY THIRD-PARTY AGREEMENT TO
WHICH THE ENTITY IS A PARTY.
No change or modification of the Warranty will be valid unless it is in writing and is signed by
WatchGuard.
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