Conditions Of Usage Of https://www.MySonicWall.com Pertaining To the Purchase And Activation Of Products

PLEASE READ THE FOLLOWING CONDITIONS OF USAGE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

This web site located at URL https://www.MySonicWall.com (“this Site”) is a service provided by Quest Software (“we” or “us” or “Quest Software”). The following conditions of usage govern your use of this Site and the purchase and activation of products by you through this Site. By using this Site, you are indicating your acceptance of the following Conditions of Use (the “Conditions of Use”). The Conditions of Use shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Conditions of Use at any time.


DISCLAIMER AS TO THIS SITE
While we endeavor to provide the most accurate, up-to-date information available, information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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ACCOUNTS
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.

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CAPACITY TO CONTRACT
You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this Site.

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TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information , we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

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PRIVACY POLICY
We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users:

Privacy Policy

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FEEDBACK
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site. Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.

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EXPORT CONTROL
The information, products, services and updates (collectively “Information/Products”) made available to you on this Site are subject to U.S. export control regulations. You agree that any export or re-export of the Information/Products may be done only in compliance with all requirements of applicable law, including but not limited to U.S. export control regulations. You have the responsibility to obtain any required licenses to export, re-export or import the Information/Products. You shall defend, indemnify and hold Quest Software and its suppliers harmless from any claims arising out of your violation of any export control laws relating to any exporting or importing of the Information/Products.

You confirm that you, the entity you represent, and any of such entity’s employees and agents who may have access to the Information/Products are not listed on any governmental export exclusion lists and will not export or re-export the Information/Products to any country embargoed by the U.S. or to any specially denied national (SDN) or denied entity identified by the U.S. Applicable export restrictions and exclusions are available at the official web site of the U.S. Department of Commerce Bureau of Industry and Security (www.bis.doc.gov).


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ORDER ACCEPTANCE
Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the MySonicWall online store. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.

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ORDER FULFILMENT
All fulfillment of orders placed at the MySonicWall online store will be electronic and completed immediately on approval of your order. You will receive an electronic communication to indicate the completion of your order along with billing information. No physical shipment of goods will occur, except in the orders where the shipment of a firewall(s) is involved. Manuals for the services you activate will be available for download and this advice will be provided in the communication sent to you. Additional instructions may be required to activate your product and these instructions will be displayed on the web pages that process your order.

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TECHNICAL SERVICE AND SUPPORT
All requests for technical service and support for products purchased should be made directly to Quest Software Customer Service. You may be required to have a valid support contract with Quest Software for these to be processed. Contact details are listed below.

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COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use or the Privacy Policy could be subject to criminal or civil penalties.

Privacy Policy

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COMPLIANCE WITH RETURN POLICIES
All Services and/or Upgrades are considered “opened software” upon activation at MySonicWall.com and are non-refundable. Services and Upgrades ordered at MySonicWall.com cannot be returned. Questions regarding returns should be directed to order_help@sonicwall.com.

order_help@sonicwall.com

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END USER PRODUCT AGREEMENT
SonicWall® products and services and your use of the same are subject to the terms and conditions of the agreement located at https://quest.com/legal/sta.aspx (the “End User Product Agreement”). Unless a SonicWall product or service is provided by Quest Software with a different form of end user agreement, or you and Quest Software enter into a signed written agreement covering a particular SonicWall product or service, the End User Product Agreement shall apply to the SonicWall products (including updates) and services purchased by you and/or available on this Site.

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TERMINATION OF USAGE
We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Conditions of Use.

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DISCLAIMER FOR PRODUCTS AND SERVICES OFFERED ON THIS SITE
Any products or services offered by us on this Site are warranted only to the extent of the Quest Software warranty in the Quest Software End User Product Agreement that applies to such products or services. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES ON THIS SITE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

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LIMITATION OF LIABILITY
IN NO EVENT SHALL Quest Software BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THIS SITE OR ANY BREACH BY Quest Software OF THESE CONDITIONS OF USE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

FOR ANY BREACH BY Quest Software OF THESE CONDITIONS OF USE AND/OR ANY DAMAGES ALLEGED BY YOUR USE OF THIS SITE, Quest Software’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED FIFTY DOLLARS (US$50.00).


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COPYRIGHT AND TRADEMARK NOTICE
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of Quest Software and is protected by United States and international copyright laws.

All marks indicated as registered on this Site are registered trademarks of Quest Software, in the United States and other countries. Other graphics, logos, page headers, icons, scripts, and service names are trademarks of Quest Software. The trademarks on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.


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APPLICABLE LAW
You agree that any legal action brought against the MySonicWall online store shall be governed by the laws of the State of California, without regard to conflict of law principles. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.

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GENERAL
If any provision or provisions of these Conditions of Use shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Conditions of Use are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these Conditions of Use without our express written consent.

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OTHER CONDITIONS OF USE
Quest Software may have additional Conditions of Use that govern specific services being activated. These will be displayed to you at the time the service is activated. You will have to agree to this before the service activation is completed.

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HOW TO CONTACT US
If you have any comments or questions, please do not hesitate to contact Customer Service:

Email: registration@sonicwall.com
Phone: 1.888.777.1476

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THE FOREGOING CONDITIONS OF USE APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
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