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User Guide 5.0 11
OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY
NONCONFORMANCE OR DEFECT IN THE HARDWARE 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 TECHNOLOGIES AND ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR
CONTRIBUTED TO BY, THE HARDWARE PRODUCT).
4. Limitation of Liability. WATCHGUARD TECHNOLOGIES’ liability (WHETHER
ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE
OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY)
with regard to any HARDWARE Product will in no event exceed the purchase price paid by you for
such HARDWARE Product. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE
OF AN AGREED REMEDY. IN NO EVENT WILL WATCHGUARD TECHNOLOGIES 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) OR OTHER THEORY, FOR COST OF COVER OR FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF OR IN CONNECTION
WITH THIS WARRANTY OR THE USE OF OR INABILITY TO USE THE HARDWDARE
PRODUCT, EVEN IF WATCHGUARD TECHNOLOGIES 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. Miscellaneous Provisions. This Warranty will be governed by the laws of the state of
Washington, without reference to its choice of law rules. The provisions of the 1980 United
Nations Convention on Contracts for the International Sale of Goods, as amended, shall not apply.
If any provision of this Warranty is found to be invalid or unenforceable, then the remainder shall
have full force and effect and the invalid provision shall be modified or partially enforced to the
maximum extent permitted by law to effectuate the purpose of this Warranty. This is the entire
agreement between WatchGuard Technologies and you relating to the contents of this package,
and supersedes any prior purchase order, communications, advertising or representations
concerning the contents of this package AND BY USING THE HARDWARE PRODUCT YOU
AGREE TO THESE TERMS. No change or modification of this Agreement will be valid unless it
is in writing, and is signed by WatchGuard Technologies.