WatchGuard Technologies V10 - Manual (Page 5)

Firebox V10, V60L, V60, V80, V100 Hardware Guide v
Firebox Limited Hardware Warranty
This Limited Hardware Warranty (the “Warranty”) applies to the enclosed
WatchGuard hardware product (the “Product”), not including any associated software
which is licensed pursuant to a seperate end-user license agreement and warranty. BY
USING THE PRODUCT, YOU AGREE TO THE TERMS HEREOF. If you do not agree
to these terms, please return this package, along with proof of purchase, to the
authorized dealer from which you purchased it for a full refund. WatchGuard
Technologies, Inc. (”WatchGuard”) and you agree as follows:
1. Limited Warranty. WatchGuard warrants that upon delivery and for one (1) year
thereafter (the “Warranty Period”): (a) the Product will be free from material defects
in materials and workmanship, and (b) the Product, when properly installed and used
for its intended purpose and in its intended operating environment, will perform
substantially in accordance with WatchGuard applicable specifications.
This warranty does not apply to any Product that has been: (i) altered, repaired or
modified by any party other than WatchGuard; or (ii) damaged or destroyed by
accidents, power spikes or similar events or by any intentional, reckless or negligent
acts or omissions of any party. You may have additional warranties with respect to the
Product from the manufacturers of Product components. However, you agree not to
look to WatchGuard for, and hereby release WatchGuard from any liability for,
performance of, enforcement of, or damages or other relief on account of, any such
warranties or any breach thereof.
2. Remedies. If any Product does not comply with the WatchGuard warranties set forth
in Section 1 above, WatchGuard will, at its option, either (a) repair the Product, or (b)
replace the Product; provided, that you will be responsible for returning the Product to
the place of purchase and for all costs of shipping and handling. Repair or replacement
of the Product shall not extend the Warranty Period. Any Product, component, part or
other item replaced by WatchGuard becomes the property of WatchGuard .
WatchGuard shall not be responsible for return of or damage to any software,
firmware, information or data contained in, stored on, or integrated with any returned
Products.
3. Disclaimer and Release. THE WARRANTIES, OBLIGATIONS AND LIABILITIES
OF WATCHGUARD, AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 1 AND
2 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 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 OF
UNINTERRUPTED OR ERROR-FREE OPERATION, ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM THE NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED) OR
FAULT OF WATCHGUARD OR FROM PRODUCT LIABILITY, STRICT LIABILITY
OR OTHER THEORY, AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR
REMEDY FOR LOSS OR DAMAGE TO, OR CAUSED BY OR CONTRIBUTED TO
BY,THE PRODUCT).
4. Limitation of Liability. WATCHGUARD TECHNOLOGIES’ LIABILITY (WHETHER
ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE,
PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR
OTHER THEORY) WITH REGARD TO ANY 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 ANY AGREED
REMEDY. IN NO EVENT WILL WATCHGUARD TECHNOLOGIES BE LIABLE TO