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2 Hardware Guide
and used for its intended purpose and in its intended operating environment, will
perform substantially in accordance with WatchGuard applicable specifications.
This warranty does not apply to any Product that has been: (i) altered, repaired or
modified by any party other than 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, at its option, either (a) repair the
Product, or (b) replace the Product; provided, that you will be responsible for
returning the Product to the place of purchase 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).