WSM User Guide - WatchGuard Technologies

Limitation of Liability. WATCHGUARD'S LIABILITY (WHETHER IN CONTRACT, TORT, OROTHERWISE; AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY ORPRODUCT LIABILITY) WITH REGARD TO THE SOFTWARE PRODUCT WILL IN NO EVENT EXCEEDTHE PURCHASE PRICE PAID BY YOU FOR SUCH PRODUCT. THIS SHALL BE TRUE EVEN IN THEEVENT OF THE FAILURE OF AN AGREED REMEDY. IN NO EVENT WILL WATCHGUARD BE LIABLETO 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 (INCLUDINGWITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OFBUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THEUSE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF WATCHGUARD HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE TRUE EVEN IN THE EVENTOF THE FAILURE OF AN AGREED REMEDY.5.United States Government Restricted Rights. The SOFTWARE PRODUCT is provided with RestrictedRights. Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof issubject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and ComputerSoftware clause at DFARS 252.227-7013, or in subdivision (c)(1) and (2) of the Commercial ComputerSoftware -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is WatchGuardTechnologies, Inc., 505 5th Ave. South, Suite 500, Seattle, WA 98104.6.Export Controls. You agree not to directly or indirectly transfer the SOFTWARE PRODUCT ordocumentation to any country to which such transfer would be prohibited by the U.S. Export AdministrationAct and the regulations issued thereunder.7.Termination. This license and your right to use the SOFTWARE PRODUCT will automatically terminate ifyou fail to comply with any provisions of this AGREEMENT, destroy all copies of the SOFTWARE PRODUCTin your possession, or voluntarily return the SOFTWARE PRODUCT to WATCHGUARD. Upon terminationyou will destroy all copies of the SOFTWARE PRODUCT and documentation remaining in your control orpossession.8.Miscellaneous Provisions. This AGREEMENT will be governed by and construed in accordance with thesubstantive laws of Washington excluding the 1980 United National Convention on Contracts for theInternational Sale of Goods, as amended. This is the entire AGREEMENT between us relating to theSOFTWARE PRODUCT, and supersedes any prior purchase order, communications, advertising orrepresentations concerning the SOFTWARE PRODUCT AND BY USING THE SOFTWARE PRODUCT YOUAGREE TO THESE TERMS. IF THE SOFTWARE PRODUCT IS BEING USED BY AN ENTITY, THEINDIVIDUAL INDICATING AGREEMENT TO THESE TERMS REPRESENTS AND WARRANTS THAT(A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF THEENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT; (B) THE ENTITY HASTHE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT ANDPERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND; (C) THIS AGREEMENT AND THEPERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT VIOLATEANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY. No change or modification ofthis AGREEMENT will be valid unless it is in writing and is signed by WATCHGUARD.Version: 050309WatchGuard Technologies, Inc. Add-on Product/ServiceCustomer Agreement/End-User License AgreementIMPORTANT: READ CAREFULLY. THIS ADD-ON PRODUCT/SERVICE CUSTOMER AGREEMENT/END-USER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU THECUSTOMER ("CUSTOMER"), AND WATCHGUARD TECHNOLOGIES, INC. ("WATCHGUARD"). TOACTIVATE THE WATCHGUARD ADD-ON PRODUCT/SERVICE DESCRIBED BELOW (THE "ADD-ONPRODUCT/SERVICE"), OR RENEW/UPGRADE YOUR ADD-ON PRODUCT/SERVICE, YOU MUST FIRSTREAD THIS AGREEMENT AND AGREE TO ACCEPT ITS TERMS BY INDICATING YOURACCEPTANCE AS PROMPTED BY THE TEXT ASSOCIATED WITH THE PRESENTATION OF THISAGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOUR ACTIVATION/User Guide 351