If you do not agree to these terms, please return this package, along with proof of purchase, to the
authorized dealer from which you purchased it for a full refund. WatchGuard Technologies, Inc.
(“WatchGuard”) and you agree as set forth below or on the reverse side of this card, as applicable.
1.
LIMITED WARRANTY.
WatchGuard warrants that upon delivery and for one (1) year thereafter
(the “Warranty Period”): (a) the Product will be free from material defects in materials and
workmanship, and (b) the Product, when properly installed 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 except for the replacement or inclusion of specified
components authorized in, and performed in strict accordance with, documentation provided by
WatchGuard; or (ii) damaged or destroyed by force majeure events, 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, following the receipt of the product you claim is defective and at its
option, either (a) repair the Product, or (b) replace the Product with a like or similar product;
provided, that you will be responsible for returning the Product 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 O
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).
4.
LIMITATION AND LIABILITY.
WATCHGUARD’S 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 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 ANY AGREED REMEDY. IN NO EVENT WILL
WATCHGUARD 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 PROFITS, BUSINESS, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY
OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF WATCHGUARD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE
FAILURE OF ANY AGREED REMEDY.
