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 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 WATCHGUARD or the authorized dealer from whom you obtained the SOFTWARE PRODUCT with a dated proof of purchase; and (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 your authorized dealer will provide you with a new version of the SOFTWARE PRODUCT or a full refund at its 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 ITS LICENSORS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD OR ITS LICENSORS, 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’S liability AND THE LIABILITY OF ITS LICENSORS (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 OR ITS LICENSORS 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 AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
8
