10
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).
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.
5. MISCELLANEOUS PROVISIONS. This Warranty will be governed by the laws of the state of Washington,
U.S.A., without reference to its choice of law rules. The provisions of the 1980 United Nations
Convention on Contracts for the International Sales of Goods, as amended, shall not apply. You agree
not to directly or indirectly transfer the Product or associated documentation to any country to which
such transfer would be prohibited by the U.S. Export laws and regulations. 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 and
you relating to the Product, and supersedes any prior purchase order, communications, advertising or
representations concerning the Product AND BY USING THE PRODUCT YOU AGREE TO THESE TERMS.
IF THE PRODUCT IS BEING USED BY AN ENTITY, THE INDIVIDUAL INDICATING AGREEMENT TO THESE
TERMS BY USING THE PRODUCT REPRESENTS AND WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY
AUTHORIZED TO ACCEPT THE WARRANTY ON BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO
THE TERMS OF THIS WARRANTY; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE,
TO ENTER INTO THE WARRANTY AND PERFORM ITS OBLIGATIONS UNDER THE WARRANTY AND; (C)
THE WARRANTY AND THE PERFORMANCE OF THE ENTITY’S OBLIGATIONS UNDER THE WARRANTY DO
NOT VIOLATE ANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or
modification of the Warranty will be valid unless it is in writing and is signed by WatchGuard.
