(D)Transfer this license to another party unless (i) the transfer is permanent, (ii) the third party recipient agrees to the terms of this AGREEMENT, and (iii) you do not retain any copies of the SOFTWARE PRODUCT; or
(E)Reverse engineer, disassemble or decompile the SOFTWARE PRODUCT.
4.Limited Warranty. WATCHGUARD makes the following limited warranties for a period of ninety (90) days from the date you obtained the SOFTWARE PRODUCT from WatchGuard Technologies or an authorized dealer:
(A) Media. The disks and documentation will be free from defects in materials and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk or documentation to us with a dated proof of purchase.
(B) SOFTWARE PRODUCT. The SOFTWARE PRODUCT will materially conform to the documentation that accompanies it. If the SOFTWARE PRODUCT fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the SOFTWARE PRODUCT and the documentation to the authorized dealer from whom you obtained it, along with a dated proof of purchase, specifying the problems, and they will provide you with a new version of the SOFTWARE PRODUCT or a full refund, at their election.
Disclaimer and Release. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF WATCHGUARD, AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 4, 4(A) AND 4(B) 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 SOFTWARE 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 THAT THIS SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, ANY WARRANTY OF UNINTERRUPTED OR
Limitation of Liability. WATCHGUARD’ 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. 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), 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 DAMAGES.
5.United States Government Restricted Rights. The enclosed SOFTWARE PRODUCT and documentation are 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
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