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 WILL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN 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), 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. THIS WILL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY.
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 subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
Clause at 48 C.F.R.
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 EULA, 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 EULA will be governed by and construed in accordance with the substantive laws of Washington excluding the 1980 United National Convention on Contracts for the International Sale of Goods, as amended. This is the entire EULA between us relating to the contents of this package, 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 EULA ON BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS EULA; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS EULA AND PERFORM ITS OBLIGATIONS UNDER THIS EULA AND; (C) THIS EULA AND THE PERFORMANCE OF THE ENTITY’S OBLIGATIONS UNDER THIS EULA DO NOT VIOLATE ANY THIRD- PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY.
viii | WatchGuard Firebox SOHO 6.1 |
