Watchguard Firebox X5000 Hardware Manual page 3

Limited Hardware Warranty
intended purpose and in its intended operating environment, will perform substantially in
accordance with WatchGuard applicable specifications.
This warranty does not apply to any Product that has been: (i) altered, repaired or modified by
any party other than WatchGuard except for the replacement or inclusion of specified
components authorized in and performed in strict accordance with documentation provided
by WatchGuard; or (ii) damaged or destroyed by accidents, power spikes or similar events or
by any intentional, reckless or negligent acts or omissions of any party. You may have
additional warranties with 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
Firebox X Peak Hardware Guide 3