WatchGuard Firebox Software End-User License Agreement

IMPORTANT - READ CAREFULLY BEFORE ACCESSING WATCHGUARD SOFTWARE:

This Firebox Software End-User License Agreement ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and WatchGuard Technologies, Inc. ("WATCHGUARD") for the WATCHGUARD Firebox software product, which includes computer software components (whether installed separately on a computer workstation or on the WATCHGUARD hardware product or included on the WATCHGUARD hardware product) and may include associated media, printed materials, and on- line or electronic documentation, and any updates or modifications thereto, including those received through the WatchGuard LiveSecurity Service (or its equivalent), (the "SOFTWARE PRODUCT"). WATCHGUARD is willing to license the SOFTWARE PRODUCT to you only on the condition that you accept all of the terms contained in this Agreement.  Please read this Agreement carefully.

By installing or using the SOFTWARE PRODUCT you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this AGREEMENT, WATCHGUARD will not license the SOFTWARE PRODUCT to you, and you will not have any rights in the SOFTWARE PRODUCT.  In that case, promptly return the SOFTWARE PRODUCT, along with proof of payment, to the authorized dealer from whom you obtained the SOFTWARE PRODUCT for a full refund of the price you paid.  The WATCHGUARD hardware product is subject to a separate agreement and limited hardware warranty included with the WATCHGUARD hardware product packaging and/or in the associated user documentation.

1. Ownership and License.  The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  This is a license agreement and NOT an agreement for sale. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE  PRODUCT are owned by WATCHGUARD or its licensors. Your rights to use the SOFTWARE PRODUCT are as specified in this AGREEMENT, and WATCHGUARD retains all rights not expressly granted to you in this AGREEMENT.  Nothing in this AGREEMENT constitutes a waiver of our rights under U.S. copyright law or any other law
or treaty. 

2. Permitted Uses.  You are granted the following rights to the SOFTWARE PRODUCT:
(A) You may install and use the SOFTWARE PRODUCT on any single WATCHGUARD hardware product at any single location and may install and use the SOFTWARE PRODUCT on multiple workstation computers. (B) To use the SOFTWARE PRODUCT on more than one WATCHGUARD hardware product at once, you must purchase an additional copy of the SOFTWARE PRODUCT for each additional WATCHGUARD hardware product on which you want to use it.  To the extent that you install copies of the SOFTWARE PRODUCT on additional WATCHGUARD hardware products in accordance with the prior sentence without installing the additional copies of the SOFTWARE PRODUCT included with such WATCHGUARD hardware products, you agree that use of any software provided with or included on the additional WATCHGUARD hardware products that does not require installation will be
subject to the terms and conditions of this AGREEMENT.   You must also maintain a current subscription to the WatchGuard LiveSecurity Service (or its equivalent) for each additional WATCHGUARD hardware product on which you will use a copy of an updated or modified version of the SOFTWARE PRODUCT received through the WatchGuard LiveSecurity Service (or its equivalent). (C) In addition to the copies described in Section 2(A), you may make a single copy of the SOFTWARE PRODUCT for backup or archival purposes only.

3. Prohibited Uses.  You may not, without express written permission from WATCHGUARD: (A) Use, copy, modify, merge or transfer copies of the SOFTWARE PRODUCT or printed
materials except as provided in this AGREEMENT; (B) Use any backup or archival copy of the SOFTWARE PRODUCT (or allow someone else to use such a copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; (C) Sublicense, lend, lease or rent the SOFTWARE PRODUCT; (D) Transfer this license to another party unless
i. (i) the transfer is permanent, ii. (ii) the third party recipient agrees to the terms of this AGREEMENT, and iii. (iii) you do not retain any copies of the SOFTWARE PRODUCT; or (E) Reverse engineer, disassemble or decompile the SOFTWARE PRODUCT.

4. Limited Warranty. WATCHGUARD makes the following limited warranties for a period of ninety (90) days from the date you obtained the SOFTWARE PRODUCT from WATCHGUARD or an
authorized dealer: 

(A) Media.  The disks and documentation will be free from defects in materials and workmanship under normal use.  If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective disk or documentation to WATCHGUARD with a dated
proof of purchase. 

(B) SOFTWARE PRODUCT.  The SOFTWARE PRODUCT will materially conform to the documentation that accompanies it.  If the SOFTWARE PRODUCT fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all of the SOFTWARE PRODUCT and the documentation to the authorized dealer from whom you obtained it, along with a dated proof of purchase, specifying the problems, and they will provide you with a new version of the SOFTWARE PRODUCT or a full refund, at their election. 

Disclaimer and Release.  THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF WATCHGUARD, AND YOUR REMEDIES, SET FORTH IN PARAGRAPHS 4, 4(A) AND 4(B) 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 ITS LICENSORS AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES YOU MAY HAVE AGAINST WATCHGUARD AND ITS LICENSORS, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SOFTWARE 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 THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, 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 AND ITS LICENSORS AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO, OR CAUSE

Limitation of Liability. WATCHGUARD'S LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE; AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) WITH REGARD TO THE SOFTWARE 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 AN AGREED REMEDY.  IN NO EVENT WILL WATCHGUARD 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), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF WATCHGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY.

5. United States Government Restricted Rights.  The SOFTWARE PRODUCT is provided with Restricted Rights.  Use, duplication or disclosure by the U.S. Government or any agency or instrumentality thereof is subject to restrictions as set forth in subdivision (c)(1)(ii) of the  Rights in Technical Data and Computer Software clause at DFARS  252.227-7013, or in subdivision (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights Clause at 48 C.F.R. 52.227-19, as applicable. Manufacturer is WatchGuard Technologies, Inc., 505 5th Ave. South, Suite 500, Seattle, WA 98104. 

6. Export Controls.  You agree not to directly or indirectly transfer the SOFTWARE PRODUCT or documentation to any country to which such transfer would be prohibited by the U.S. Export Administration Act and the regulations issued thereunder. 

7. Termination.  This license and your right to use the SOFTWARE PRODUCT will automatically terminate if you fail to comply with any provisions of this AGREEMENT, destroy all copies of  the SOFTWARE PRODUCT in your possession, or voluntarily return  the SOFTWARE PRODUCT to WATCHGUARD.  Upon termination you will destroy all copies of the SOFTWARE PRODUCT and documentation remaining in your control or possession.
8. Miscellaneous Provisions.  This AGREEMENT will be governed by and construed in accordance with the substantive laws of Washington excluding the 1980 United National Convention on Contracts for the International Sale of Goods, as amended This is the entire AGREEMENT between us relating to the SOFTWARE PRODUCT, and supersedes any prior purchase order, communications, advertising or representations concerning the SOFTWARE PRODUCT AND BY USING THE SOFTWARE PRODUCT YOU AGREE TO THESE TERMS.  IF THE SOFTWARE PRODUCT IS BEING USED BY AN ENTITY, THE INDIVIDUAL INDICATING AGREEMENT TO THESE TERMS REPRESENTS AND WARRANTS THAT (A) SUCH INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF THE ENTITY AND TO BIND THE ENTITY TO THE TERMS OF THIS AGREEMENT; (B) THE ENTITY HAS THE FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND; (C) THIS AGREEMENT AND THE PERFORMANCE OF THE ENTITY'S OBLIGATIONS UNDER THIS AGREEMENT DO NOT VIOLATE ANY THIRD-PARTY AGREEMENT TO WHICH THE ENTITY IS A PARTY.  No change or modification of this AGREEMENT will be valid unless it is in writing and is signed by WATCHGUARD.
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