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STONEGATE LIMITED HARDWARE WARRANTY

This limited hardware warranty (Warranty) applies only to original end-users (End-Users) using StoneGate Appliances in those locations listed on Stonesoft's website under heading “where to buy” (Warranty Territory). Hardware (Hardware) means the hardware portion of a StoneGate appliance (“Product”). Hardware does not include any software programs, whether pre-loaded with the Hardware, installed subsequently or otherwise.

Limited Hardware Warranty

Stonesoft Corporation (Stonesoft) warrants that the Hardware shall be free from material defects in design, materials, and workmanship and will function, under normal use and circumstances, materially in accordance with the documentation provided with the Hardware for as long as the End-User has a valid Support and Maintenance agreement or at least for a period of one year after the delivery date of the StoneGate Appliance.

End User’s sole and exclusive remedy, and Stonesoft’s sole and exclusive liability for defective Hardware shall be, solely upon confirmation of a defect or failure of Hardware to perform as warranted, to replace the nonconforming Hardware. All replacement Hardware furnished to End-User under this Warranty shall be new or reconditioned to be functionally equivalent to new. Replacement Hardware is warranted to be free of defects in material or workmanship for the remainder of the warranty period of the original Hardware. All defective Hardware, which has been replaced, shall become the property of Stonesoft.

Warranty Claims

By submitting a warranty claim, Customer accepts and agrees to be bound by all the terms and conditions contained herein.

To request warranty replacement, contact Stonesoft’s Customer Support within the warranty period. If the Product is defective Stonesoft will issue a Return Merchandise Authorization (“RMA”) documents and number for the return delivery. The defective Product must be packed in its original or equivalent packaging with the RMA number clearly marked on the outside of the package. In no event will Stonesoft accept any returned Products without a valid RMA number. The defective Product must be shipped to Stonesoft or its representative with all costs of shipping and insurance prepaid. Stonesoft will ship the replacement product freight prepaid upon receiving the RMA documents from the End-User. If Stonesoft does not receive the defective Product within 14 days from replacement unit delivery, Stonesoft will invoice End-User for the full price of the replacement Product and freight charges.

Further details regarding the Warranty, including return procedures, additional terms and conditions, warranty contact information and shipping instructions are available from Stonesoft’s Web page at: www.stonesoft.com.

Warranty Restrictions and Disclaimer

Warranty shall be void due to any of the following: (1) if the Product has been opened, modified, altered, or repaired, except by Stonesoft or its authorized agents, (2) if the Product has not been installed or maintained or used in accordance with instructions provided by Stonesoft, (3) misuse, abuse, accident, thermal or electrical irregularity, theft, vandalism, fire, water or other peril, (4) damage caused by containment and/or operation outside the environmental specifications for the Product, (5) connection of the Product to other systems, equipment or devices or use with other software (other than those specifically approved by Stonesoft) without the prior approval of Stonesoft, or (6) removal or alteration of identification labels on the Product or its parts (7) failure to comply with all warranty return terms and conditions as set forth herein.

Stonesoft shall not be responsible for any software, information, or memory data of End-User contained in, stored on, or integrated with any Product returned to Stonesoft for replacement.

The Hardware is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Hardware could lead directly to death, personal injury, or severe physical or property damage or environmental damage (collectively High Risk Activities). Stonesoft expressly disclaims any express or implied warranty of fitness for such High Risk Activities.

Stonesoft does not warrant that the Product is locally certified for electrical compliance in any country. Any use or distribution of Products outside of the Warranty Territory will void the Warranty extended hereunder, express or implied, and End-User agrees to indemnify and hold Stonesoft harmless from any liability arising out of such use or distribution of Products outside of the Warranty Territory.

EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, THE HARDWARE IS PROVIDED ON AN “ AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. STONESOFT DOES NOT WARRANT THAT THE HARDWARE WILL MEET THE END-USER’S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STONESOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to End-User.

Limitation of Liability

IN NO EVENT WILL STONESOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STONESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO END-USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIC STONEGATE PRODUCT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to End-User.

Governing Law

This Warranty is governed by the laws of Finland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. All disputes arising under or relating to this Warranty shall be resolved exclusively in the appropriate Finnish court located in Helsinki, Finland.

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