WatchGuard T10-D - Manual (Page 18)

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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 use of 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.
Limited Hardware Warranty
This Limited Hardware Warranty (the “Warranty”) applies to the enclosed hardware product, not including any
associated software, which is licensed pursuant to a separate end-user license agreement and warranty (the
“Product”). BY USING THE PRODUCT, YOU (either an individual or a single entity) AGREE TO THE TERMS HEREOF.
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