WSM User Guide - WatchGuard Technologies

7 Software License. Customer expressly agrees that use of all Software associated with the Add-on Product/Service shall be governed solely by the terms and conditions of the WatchGuard Firebox Software End-UserLicense Agreement as a “SOFTWARE PRODUCT”or, if applicable, the WatchGuard software end-userlicense agreement associated with such Software, and such terms and conditions are incorporated herein byreference.8 Disclaimer and Release. Warranty Disclaimer. WatchGuard warrants that the Add-on Product/Service willbe provided to Customer in accordance with all the requirements of this Agreement. WATCHGUARD MAKESNO OTHER GUARANTEES OR WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR USE OR PURPOSE, WITH RESPECT TO THE ADD-ON PRODUCT/SERVICE OR THEACCURACY, RELIABILITY, OR COMPLETENESS OF ANY THREAT SIGNATURES, INFORMATION OROTHER ITEM/SERVICE (OR UPDATES THERETO) PROVIDED OR MADE AVAILABLE AS PART OF ORIN CONNECTION WITH THE ADD-ON PRODUCT/SERVICE. WATCHGUARD SHALL NOT BE LIABLEFOR ANY DAMAGES INCURRED AS A RESULT OF ANY USE OF OR RELIANCE UPON THE ADD-ONPRODUCT/SERVICE OR ANY THREAT SIGNATURES, INFORMATION OR OTHER ITEM/SERVICEPROVIDED OR MADE AVAILABLE AS PART OF OR IN CONNECTION WITH THE ADD-ON PRODUCT/SERVICE. THE WARRANTY CONTAINED IN THE FIRST SENTENCE OF THIS PARAGRAPH 8 ISEXCLUSIVE AND IN SUBSTITUTION FOR, AND YOU HEREBY WAIVE, DISCLAIM AND RELEASEANY AND ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF WATCHGUARD AND ALLOTHER RIGHTS, CLAIMS AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD, EXPRESS ORIMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE ADD-ON PRODUCT/SERVICEOR THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY THREAT SIGNATURES,INFORMATION OR OTHER ITEM/SERVICE (OR UPDATES THERETO) PROVIDED OR MADEAVAILABLE AS PART OF OR IN CONNECTION WITH THE ADD-ON PRODUCT/SERVICE (INCLUDING,BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE,COURSE OF DEALING, OR USAGE OF TRADE, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM ORREMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (WHETHER ACTIVE,PASSIVE OR IMPUTED) OR FAULT OF WATCHGUARD AND ANY OBLIGATION, LIABILITY, RIGHT,CLAIM OR REMEDY FOR LOSS OR DAMAGE CAUSED BY OR CONTRIBUTED TO BY, THE ADD-ONPRODUCT/SERVICE). Some jurisdictions do not allow the exclusion of implied warranties, so the aboveexclusions may not apply to Customer. This limited warranty gives Customer specific legal rights, andCustomer may also have other legal rights, which vary from jurisdiction to jurisdiction.9 Limitation of Liability. WATCHGUARD'S LIABILITY TO CUSTOMER (WHETHER ARISING IN TORT,CONTRACT OR OTHERWISE; AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICTLIABILITY OR PRODUCT LIABILITY) UNDER THIS AGREEMENT OR WITH RESPECT TO THE ADD-ON PRODUCT/SERVICE WILL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY SUBCRIBERFOR THE ADD-ON PRODUCT/SERVICE. THIS SHALL BE TRUE EVEN IN THE EVENT OF THEFAILURE OF AN AGREED REMEDY. IN NO EVENT SHALL WATCHGUARD OR ITS SUPPLIERS BELIABLE TO CUSTOMER OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT (INCLUDINGWARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICTLIABILITY AND FAULT), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIALDAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESSINTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTIONWITH THE PERFORMANCE OR FAILURE TO PERFORM THE ADD-ON PRODUCT/SERVICE, EVEN IFWATCHGUARD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREEDREMEDY. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to Customer.10 Reservation of Rights. WatchGuard and its licensors hereby reserve ownership of and allrights in the Threat Signatures, information and other items/services provided or made available as part of orin connection with the Add-on Product/Service and all copyrights, trademarks and other proprietary rightsassociated with such Threat Signatures, information and other items/services. Except as provided for in thisAgreement or as expressly authorized by WatchGuard in writing (including by publishing the terms andUser Guide 353