Limited Hardware Warranty. Watchguard Firebox III

Copyright and Patent Information

Copyright© 1998 - 2003 WatchGuard Technologies, Inc. All rights reserved.

AppLock, AppLock/Web, Designing peace of mind, Firebox, Firebox 1000,

Firebox 2500, Firebox 4500, Firebox II, Firebox II Plus, Firebox II

FastVPN, Firebox III, Firebox SOHO, Firebox SOHO 6, Firebox SOHO 6tc,

Firebox SOHO|tc, Firebox V100, Firebox V80, Firebox V60, Firebox V10,

LiveSecurity, LockSolid, RapidStream, RapidCore, ServerLock,

WatchGuard, WatchGuard Technologies, Inc., DVCP technology, Enforcer/

MUVPN, FireChip, HackAdmin, HostWatch, Make Security Your Strength,

RapidCare, SchoolMate, ServiceWatch, Smart Security. Simply Done.,

Vcontroller, VPNforce, The W-G logo are either registered trademarks or trademarks of WatchGuard Technologies, Inc. in the United States and/or other courtries.

Printed in the United States of America.

Part No: 1200188

Notice to Users

Information in this guide is subject to change without notice. Companies, names, and data used in examples herein are fictitious unless otherwise noted. No part of this guide may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission of WatchGuard Technologies, Inc.

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Limited Hardware Warranty

This Limited Hardware Warranty (the “Warranty”) applies to the enclosed

WatchGuard hardware product (the “Product”). 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

Hardware Guide

Limited Hardware Warranty 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. iii

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IN NO EVENT WILL WATCHGUARD TECHNOLOGIES BE LIABLE TO

YOU OR ANY THIRD PARTY (WHETHER ARISING IN CONTRACT

(INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR

IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR

OTHER THEORY) FOR COST OF COVER OR FOR ANY INDIRECT,

SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS,

OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS

WARRANTY OR THE USE OF OR INABILITY TO USE THE PRODUCT,

EVEN IF WATCHGUARD TECHNOLOGIES HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE TRUE EVEN

IN THE EVENT OF THE FAILURE OF ANY AGREED REMEDY.

5. Miscellaneous Provisions. This Warranty will be governed by the laws of the state of Washington, U.S.A., without reference to its choice of law rules.

The provisions of the 1980 United Nations Convention on Contracts for the

International Sales of Goods, as amended, shall not apply. You agree not to directly or indirectly transfer the Product or associated documentation to any country to which such transfer would be prohibited by the U.S. Export laws and regulations. If any provision of this Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect and the invalid provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this Warranty. This is the entire agreement between WatchGuard and you relating to the Product, and supersedes any prior purchase order, communications, advertising or representations concerning the Product AND BY USING THE PRODUCT

YOU AGREE TO THESE TERMS. No change or modification of this

Agreement will be valid unless it is in writing, and is signed by WatchGuard.