WatchGuard Technologies Firebox X

User Guide 71

Limitation of Liability. WATCHGUARD'S LIABILITY (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 BE

LIABLE TO YOU OR ANY TH IRD PARTY, WHETHER ARISING IN CONTRACT (IN CLUDING

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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DA MAGES. THIS SHALL

BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY.

5.United States Government Restricted Rights. The SOFTWARE PRODUCT is provided with Restricted

Rights. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is

subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer

Software clause at DFARS 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer

Software -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is WatchGuard

Technologies, Inc., 505 5th Ave. South, Suite 500, Seattle, WA 98104.

6.Export Controls. You agree not to directly or indirectly transfer the SOFTWARE PRODUCT or

documentation to any country to which such transfer would be prohibited by the U.S. Export Administration

Act and the regulations issued thereunder.

7.Termination. This license and your right to use the SOFTWARE PRODUCT will automatically terminate if

you fail to comply with any provisions of this AGREEMENT, destroy all copies of the SOFTWARE

PRODUCT in your possession, or voluntarily return the SOFTWARE PRODUCT to WATCHGUARD. Upon

termination you will destroy all copies of the SOFTWARE PRODUCT and documentation remaining in your

control or possession.

8.Miscellaneous Provisions. This AGREEMENT will be governed by and construed in accordance with the

substantive laws of Washington excluding the 1980 United National Conventi on on Contracts for the

International Sale of Goods, as amended. This is the entire AGREEMENT between us relating to the

SOFTWARE PRODUCT, and supersedes any prior purchase order, communications, advertising or

representations concerning the SOFTWARE PRODUCT AND BY USING THE SOFTWARE PRODUCT YOU

AGREE TO THESE TERMS. IF THE SOFTWARE PRODUCT IS BEING USED BY AN ENTITY, THE

INDIVIDUAL INDICATING AGREEMENT TO THESE TERMS REPRESENTS AND WARRANTS THAT

(A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF THE

ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT; (B) THE ENTITY HAS

THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND

PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND; (C) THIS AGREEMENT AND THE

PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT VIOLATE

ANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification of

this AGREEMENT will be valid unless it is in writing and is signed by WATCHGUARD.

Version: 050309

other patents pending.

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