Watchguard V10 Hardware Manual page 5

FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ANY WARRANTY OF
NONINFRINGEMENT, ANY WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR
REQUIREMENTS, 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 AND ITS LICENSORS AND ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR
CONTRIBUTED TO BY, THE SOFTWARE PRODUCT).
Limitation of Liability. WATCHGUARD'S LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE; AND
NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) WITH
REGARD TO THE SOFTWARE 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 AN 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), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH THIS
WARRANTY OR THE USE OF OR INABILITY TO USE THE SOFTWARE 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 AN AGREED REMEDY.
5.United States Government Restricted Rights. The SOFTWARE PRODUCT is provided with Restricted Rights. Use,
duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as
set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-
7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights Clause at 48 C.F.R.
52.227-19, as applicable. Manufacturer is WatchGuard Technologies, Inc., 505 5th Ave. South, Suite 500, Seattle,
WA 98104.
6.Export Controls. You agree not to directly or indirectly transfer the SOFTWARE PRODUCT or documentation to
any country to which such transfer would be prohibited by the U.S. Export Administration Act and the regulations
issued thereunder.
7.Termination. This license and your right to use the SOFTWARE PRODUCT will automatically terminate if you fail
to comply with any provisions of this AGREEMENT, destroy all copies of the SOFTWARE PRODUCT in your
possession, or voluntarily return the SOFTWARE PRODUCT to WATCHGUARD. Upon termination you will destroy
all copies of the SOFTWARE PRODUCT and documentation remaining in your control or possession.
8.Miscellaneous Provisions. This AGREEMENT will be governed by and construed in accordance with the substantive
laws of Washington excluding the 1980 United National Convention on Contracts for the International Sale of Goods,
as amended. This is the entire AGREEMENT between us relating to the SOFTWARE PRODUCT, and supersedes any
prior purchase order, communications, advertising or representations concerning the SOFTWARE PRODUCT AND BY
USING THE SOFTWARE PRODUCT YOU AGREE TO THESE TERMS. IF THE SOFTWARE PRODUCT IS BEING
USED BY AN ENTITY, THE INDIVIDUAL INDICATING AGREEMENT TO THESE TERMS REPRESENTS AND
WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON
BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT; (B) THE
ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND
PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND; (C) THIS AGREEMENT AND THE
PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT VIOLATE ANY THIRD-
PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification of this AGREEMENT will
be valid unless it is in writing and is signed by WATCHGUARD.
Hardware Guide v