Limitation Of Liability - Dell SonicWall SRA 4200 Administrator's Manual

Documentation applicable to the Software and the License purchased ("Limited Warranty").
Except as may indicated otherwise in writing by SonicWALL, the Warranty Period for Hardware
is one year from the date of registration of the Hardware Product (or if sooner, seven days after
initial delivery of the Hardware Product to Customer), and the applicable warranty period for
Software is ninety days from the date of registration of the Software Product (or if sooner, seven
days after initial delivery/download) of the Software Product to/by Customer. SonicWALL does
not warrant that use of the Product(s) will be uninterrupted or error free nor that SonicWALL will
correct all errors. The Limited Warranty shall not apply to any non-conformance (i) that
SonicWALL cannot recreate after exercising commercially reasonable efforts to attempt to do
so; (ii) caused by misuse of the Product or by using the Product in a manner that is inconsistent
with this Agreement or the Documentation; (iii) arising from the modification of the Products by
anyone other than SonicWALL; or (iv) caused by any problem or error in third party software or
hardware not provided by SonicWALL with the Product regardless of whether or not the
SonicWALL Product is designed to operate with such third party software or hardware.
SonicWALL's sole obligation and Customer's sole and exclusive remedy under any express or
implied warranties hereunder shall be for SonicWALL to use commercially reasonable efforts
to provide error corrections and/or, if applicable, repair or replace parts in accordance with
SonicWALL's Support Services Terms. Customer shall have no rights or remedies under this
Limited Warranty unless SonicWALL receives Customer's detailed written warranty claim within
the applicable warranty period.
(b) Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, TO
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SONICWALL HEREBY DISCLAIMS
ON BEHALF OF ITSELF, ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS ALL
WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE PRODUCTS,
SERVICES AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY

The Products are not designed, manufactured, authorized or warranted to be suitable for use
in any system where a failure of such system could result in a situation that threatens the safety
of human life, including without limitation any such medical, life support, aviation or nuclear
applications. Any such use and subsequent liabilities that may arise from such use are totally
the responsibility of Customer, and all liability of SonicWALL, whether in contract, tort (including
without limitation negligence) or otherwise in relation to the same is excluded. Customer shall
be responsible for mirroring its data, for backing it up frequently and regularly, and for taking all
reasonable precautions to prevent data loss or corruption. SonicWALL shall not be responsible
for any system downtime, loss or corruption of data or loss of production. NOTWITHSTANDING
ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONICWALL, ITS SUPPLIERS,
DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, LOST OR CORRUPTED DATA, LOST PROFITS OR
SAVINGS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS OR COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED
TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, WHETHER OR NOT BASED
ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT SONICWALL HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SONICWALL'S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY SONICWALL
FOR THE PRODUCTS AND THE SERVICES PURCHASED BY CUSTOMER, PROVIDED
THAT WHERE ANY CLAIM AGAINST SONICWALL RELATES TO PARTICULAR PRODUCT
AND/OR SERVICES, SONICWALL'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE
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