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4. LIMITED WARRANTY. WATCHGUARD makes the following limited warranties
for a period of ninety (90) days from the date you obtained the SOFTWARE PRODUCT from
WATCHGUARD or an authorized dealer; (A) Media. The disks and documentation will be free
from defects in materials and workmanship under normal use. If the disks or documentation fail
to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement
free of charge if you return the defective disk or documentation to WATCHGUARD or the
authorized dealer from whom you obtained the SOFTWARE PRODUCT with a dated proof of
purchase; and (B) SOFTWARE PRODUCT. The SOFTWARE PRODUCT will materially conform
to the documentation that accompanies it. If the SOFTWARE PRODUCT fails to operate in
accordance with this warranty, you may, as your sole and exclusive remedy, return all of the
SOFTWARE PRODUCT and the documentation to the authorized dealer from whom you obtained
it, along with a dated proof of purchase, specifying the problems, and your authorized dealer will
provide you with a new version of the SOFTWARE PRODUCT or a full refund at its election.
DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF
WATCHGUARD, AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 4, 4(A) AND 4(B)
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 ITS LICENSORS AND ALL OTHER RIGHTS, CLAIMS
AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD OR ITS LICENSORS,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY
NONCONFORMANCE OR DEFECT IN THE SOFTWARE 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 THAT THIS SOFTWARE PRODUCT WILL MEET
YOUR REQUIREMENTS, 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 ITS LICENSORS AND ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR
CONTRIBUTED TO BY, THE SOFTWARE PRODUCT).
LIMITATION OF LIABILITY. WATCHGUARD’S liability AND THE LIABILITY OF ITS
LICENSORS (whether in contract, tort, or otherwise; and notwithstanding any fault, negligence,
strict liability or product liability) with regard to THE SOFTWARE Product will in no event
exceed the purchase price paid by you for such Product. THIS SHALL BE TRUE EVEN IN THE
EVENT OF THE FAILURE OF AN AGREED REMEDY. IN NO EVENT WILL WATCHGUARD
OR ITS LICENSORS 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), FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH THIS
WARRANTY OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
WATCHGUARD AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF