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
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.
User Guide 5.0 | 11 |