Symantec 360R - Security Gateway SGS Installation Manual page 50

50 Licensing
SYMANTEC GATEWAY SECURITY APPLIANCE LICENSE AND WARRANTY AGREEMENT
Upon completion of repair or if Symantec decides, in accordance with the warranty, to
replace a defective Appliance, Symantec will return such repaired or replacement
Appliance to You, freight and insurance prepaid. In the event that Symantec, in its sole
discretion, determines that it is unable to replace or repair the Hardware, Symantec will
refund to You the F.O.B. price paid by You for the defective Appliance. Defective
Appliances returned to Symantec will become the property of Symantec.
Symantec does not warrant that the Appliance will meet Your requirements or that
operation of the Appliance will be uninterrupted or that the Appliance will be error-free.
In order to exercise any of the warranty rights contained in this Agreement, You must
have available an original sales receipt or bill of sale demonstrating proof of purchase with
Your warranty claim.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN
ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF
WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN
NO EVENT WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC'S OR ITS LICENSORS' LIABILITY EXCEED THE
PURCHASE PRICE FOR THE APPLIANCE. The disclaimers and limitations set forth above
will apply regardless of whether You accept the Software or the Appliance.
5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Symantec products and documentation are
commercial in nature. The software and software documentation are "Commercial Items",
as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are
defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1),
and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable.
Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section
227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of
the Code of Federal Regulations, as applicable, Symantec's computer software and
computer software documentation are licensed to United States Government end users
with only those rights as granted to all other end users, according to the terms and
conditions contained in this license agreement. Manufacturer is Symantec Corporation,
20330 Stevens Creek Blvd., Cupertino, CA 95014.