47 | SonicWALL Mobile Connect for Android User Guide
SonicWALL’s Support Services Terms. Customer shall have no rights or remedies under this
Limited Warranty unless SonicWALL receives Customer’s detailed written warranty claim within
the applicable warranty period.
(b) Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, TO
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SONICWALL HEREBY DISCLAIMS
ON BEHALF OF ITSELF, ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS ALL
WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE PRODUCTS,
SERVICES AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
The Products are not designed, manufactured, authorized or warranted to be suitable for use
in any system where a failure of such system could result in a situation that threatens the safety
of human life, including without limitation any such medical, life support, aviation or nuclear
applications. Any such use and subsequent liabilities that may arise from such use are totally
the responsibility of Customer, and all liability of SonicWALL, whether in contract, tort (including
without limitation negligence) or otherwise in relation to the same is excluded. Customer shall
be responsible for mirroring its data, for backing it up frequently and regularly, and for taking all
reasonable precautions to prevent data loss or corruption. SonicWALL shall not be responsible
for any system downtime, loss or corruption of data or loss of production. NOTWITHSTANDING
ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONICWALL, ITS SUPPLIERS,
DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, LOST OR CORRUPTED DATA, LOST PROFITS OR
SAVINGS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS OR COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED
TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, WHETHER OR NOT BASED
ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT SONICWALL HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SONICWALL'S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY SONICWALL
FOR THE PRODUCTS AND THE SERVICES PURCHASED BY CUSTOMER, PROVIDED
THAT WHERE ANY CLAIM AGAINST SONICWALL RELATES TO PARTICULAR PRODUCT
AND/OR SERVICES, SONICWALL’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE
AGGREGATE AMOUNT RECIEVED BY SONICWALL IN RESPECT OF THE PRODUCTS
AND/OR SERVICES PURCHASED BY CUSTOMER AFFECTED BY THE MATTER GIVING
RISE TO THE CLAIM. (FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO
RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT RECEIVED BY
SONICWALL FOR SUCH MAINTENANCE SERVICE OR PRODUCT PURCHASED BY
CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM). CUSTOMER
EXPRESSLY AGREES TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION,
AND ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THESE LIMITATIONS, THE
PRICES CHARGED FOR THE PRODUCTS AND SERVICES WOULD BE HIGHER.
7. GOVERNMENT RESTRICTIONS
Customer agrees that it will not export or re-export the Products without SonicWALL's prior
written consent, and then only in compliance with all requirements of applicable law, including
but not limited to U.S. export control regulations. Customer has the responsibility to obtain any
required licenses to export, reexport or import the Products. Customer shall defend, indemnify
and hold SonicWALL and its suppliers harmless from any claims arising out of Customer’s
