SonicWALL ViewPoint - Manual (Page 5)

Page 4 SonicWALL ViewPoint
U.S. GOVERNMENT RESTRICTED RIGHTS
If you are acquiring the Software including accompanying documentation on behalf of the U.S. Government,
the following provisions apply. If the Software is supplied to the Department of Defense (“DoD”), the Software
is subject to “Restricted Rights”, as that term is defined in the DOD Supplement to the Federal Acquisition
Regulations (“DFAR”) in paragraph 252.227 7013(c) (1). If the Software is supplied to any unit or agency of the
United States Government other than DOD, the Government’s rights in the Software will be as defined in
paragraph 52.227 19(c) (2) of the Federal Acquisition Regulations (“FAR”). Use, duplication, reproduction or
disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer
is: SonicWALL, Inc. 1160 Bordeaux Drive, Sunnyvale, California 94089.
LIMITED WARRANTY
Media. For a period of ninety (90) days from the date of license, SonicWALL warrants to you only that the media
containing the SOFTWARE (but not the SOFTWARE itself) is free from physical defects.
NO OTHER EXPRESS WARRANTIES ARE MADE OR AUTHORIZED WITH RESPECT TO THE MEDIA. ALL IMPLIED
WARRANTIES WITH RESPECT TO THE MEDIA, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ARE LIMITED IN DURATION
TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WAR-
RANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PRODUCTS EXCLUDED FROM WARRANTY COVERAGE
Misuse, Damage, Etc. Products which have been abused, misused, damaged in transport, altered, neglected or
subjected to unauthorized repair or installation as determined by SonicWALL are not covered by this Limited War-
ranty.
SOFTWARE PROGRAMS. SOFTWARE IS PROVIDED “AS IS’’ AND SONICWALL MAKES NO WARRANTY OR
REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRAN-
TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITH RESPECT
TO ANY SOFTWARE, YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE. SHOULD THE SOFT-
WARE PROVE DEFECTIVE FOLLOWING LICENSE, YOU (AND NOT SONICWALL OR ANY DISTRIBUTOR OR
RETAILER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
LIMITATION OF REMEDIES
SONICWALL’S ENTIRE LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING
WARRANTY SHALL BE, AT SONICWALL’S OPTION AND EXPENSE: (1) REPAIR, (2) REPLACEMENT OR (3) REFUND
(IF REPAIR OR REPLACEMENT IS IMPRACTICAL) OF MEDIA NOT MEETING SONICWALL’S “LIMITED WAR-
RANTY’’ WHICH IS RETURNED TO SONICWALL ACCORDING TO THE CLAIM PROCEDURE BE LOW. IN NO EVENT
WILL SONICWALL BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH
PRODUCT EVEN IF SONICWALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU (LICENSEE).
WARRANTY CLAIM PROCEDURE
Any claim under this Limited Warranty must be submitted before the end of the warranty period to SonicWALL
at the address listed below. SonicWALL will use reasonable commercial efforts to repair, replace or refund
within thirty (30) days of receipt of the media.
THIS WARRANTY GIVES YOU (LICENSEE) SPECIFIC LE GAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
SonicWALL, Inc. 1160 Bordeaux Drive, Sunnyvale, California 94089, 408-745-9600
MISCELLANEOUS
This SLA represents the entire agreement concerning the subject matter hereof between the parties and
supercedes all prior agreements and representations between them. It may be amended only in writing ex-
ecuted by both parties. This SLA shall be governed by and construed under the laws of the State of California
as if entirely performed within the State and without regard for conflicts of laws. Should any term of this SLA
be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect
on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or to take
action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party
as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
TERMINATION
This SLA is effective upon your opening of the sealed package(s), installing or otherwise using the SOFTWARE
PRODUCT, and shall continue until terminated. Without prejudice to any other rights, SonicWALL may termi-
nate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you agree to return
or destroy the SOFTWARE PRODUCT (including all related documents and components items as defined above)
and any and all copies of same.
Manufacturer is SonicWALL, Inc. with headquarters located at 1160 Bordeaux Drive, Sunnyvale, CA 94089-1209,
USA.