WSM User Guide - WatchGuard Technologies

LicensesTHE VRT CERTIFIED RULES AND MODIFICATIONS ARE PROVIDED UNDER THIS AGREEMENT ONAN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE VRT CERTIFIED RULES OR THEMODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE ORNON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE VRTCERTIFIED RULES AND MODIFICATIONS IS WITH YOU. SHOULD ANY VRT CERTIFIED RULES ORMODIFICATIONS PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT SOURCEFIRE) ASSUME THECOST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OFWARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF ANY VRTCERTIFIED RULE OR ANY MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THISDISCLAIMER.9. Termination.9.1. This Agreement and the rights granted hereunder will terminate automatically if you fail to comply withany or all of the terms herein and fail to cure such breach within 30 days of becoming aware of the breach.All sublicenses to the VRT Certified Rules which are properly granted shall survive any termination of thisAgreement. Provisions which, by their nature, must remain in effect beyond the termination of thisAgreement shall survive.10. LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDINGNEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU OR SOURCEFIRE BE LIABLE TO ANYPERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANYCHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORKSTOPPAGE, SECURITY BREACHES OR FAILURES, COMPUTER FAILURE OR MALFUNCTION, ORANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEENINFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALLNOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.11. License Compliance.You may be requested by Sourcefire to provide a certificate, signed by your authorized representative, thatyou are using the VRT Certified Rules consistent with a Permitted Use. In the event your use of the VRTCertified Rules is not in compliance with a Permitted Use, or if you otherwise violate the terms of thisAgreement, Sourcefire may, since remedies at law may be inadequate, in addition to its other remedies: (a)demand return of the VRT Certified Rules; (b) forbid and enjoin your further use of the VRT Certified Rules;(c) assess you a use fee appropriate to your actual use of the VRT Certified Rules.12. United States Government Users.If the VRT Certified Rules or Modifications are being acquired by or on behalf of the U.S. Government or bya U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the VRTCertified Rules and Modifications shall be subject to Sourcefire's standard commercial terms and only as setforth in this Agreement; and only with "Limited Rights" and "Restricted Rights" as defined the federalregulations if the commercial terms are deemed not to apply.13. Miscellaneous.This Agreement represents the complete agreement concerning subject matter hereof. If any provision of thisAgreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to makeit enforceable. This Agreement shall be governed by Maryland law provisions (except to the extent applicablelaw, if any, provides otherwise), excluding its conflict-of-law provisions. Any litigation relating to thisAgreement shall be subject to the jurisdiction of the state and Federal Courts serving Greenbelt, Maryland,with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys'fees and expenses. You hereby submit to jurisdiction and venue in such courts. The application of the UnitedNations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law orregulation which provides that the language of a contract shall be construed against the drafter shall not372 WatchGuard System Manager