Watchguard Firebox X20E User Manual page 301

Limited Hardware Warranty
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 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 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.
User Guide 289