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SOFTWARE LICENSE AGREEMENT FOR THE SONICWALL GLOBAL VPN CLIENT Page 39
MISCELLANEOUS
This SLA represents the entire agreement concerning the subject matter hereof between the parties and
supersedes all prior agreements and representations between them. It may be amended only in writing
executed by both parties. This SLA shall be governed by and construed under the laws of the State of
California as if entirely performed within the State and without regard for conflicts of laws. Should any term
of this SLA be declared void or unenforceable by any court of competent jurisdiction, such declaration
shall have no effect on the remaining terms hereof. The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach hereunder shall not be
deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event
of future breaches.
TERMINATION
This SLA is effective upon your opening of the sealed package(s), installing or otherwise using the
SOFTWARE PRODUCT, and shall continue until terminated. Without prejudice to any other rights,
SonicWALL may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such
event, you agree to return or destroy the SOFTWARE PRODUCT (including all related documents and
components items as defined above) and any and all copies of same.
LIMITED WARRANTY
SonicWALL warrants that a) the SOFTWARE PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of receipt, and b) any
Support Services provided by SonicWALL shall be substantially as described in applicable written
materials provided to you by SonicWALL. Any implied warranties on the SOFTWARE PRODUCT are
limited to ninety (90) days. Some states and jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES
SonicWALL's and its suppliers' entire liability and your exclusive remedy shall be, at SonicWALL's option,
either a) return of the price paid, or b) repair or replacement of the SOFTWARE PRODUCT that does not
meet SonicWALL's Limited Warranty and which is returned to SonicWALL with a copy of your receipt. This
Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT shall be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither these
remedies nor any product Support Services offered by SonicWALL are available without proof of
purchase from an authorized SonicWALL international reseller or distributor.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, SonicWALL and its suppliers/licensors disclaim all
other warranties and conditions, either express or implied, including, but not limited to, implied warranties
of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the
SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. This Limited
Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/
jurisdiction.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall SonicWALL or its suppliers/
licensors be liable for any damages (including without limitation special, incidental, indirect, or
consequential) whatsoever (including, without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability
to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if