the hardware warranty, such warranty starts on the earlier of the date of Product registration on Fortinet’s Support Website or ninety (90) days from the date that the Product
was originally shipped from Fortinet’s facilities. It is the Fortinet distributor’s and reseller’s responsibility to make clear to the end user the date the product was originally
shipped from Fortinet, and it is the end user’s responsibility to understand the original ship date from the party from which the end user purchased the product. All warranty
claims must be submitted in writing to Fortinet before the expiration of the warranty term or such claims are waived in full, i.e. ninety (90) days from the earlier of registration
or the automatically started term for hardware and spare parts claims and three hundred sixty-ve (365) days from registration within three hundred sixty-ve (365) days
from shipment for software claims. Fortinet provides no warranty for any beta, donation or evaluation Products, for any spare parts not purchased directly from Fortinet by the
end-user, for any accessories, or for any stand-alone software.
Fortinet warrants that the hardware portion of the Products, including spare parts unless noted otherwise (“Hardware”) will be free from material defects in workmanship as
compared to the functional specications for the period set forth as follows and applicable to the Product type (“Hardware Warranty Period”): a three hundred sixty-ve (365)
day limited warranty for the Hardware excluding spare parts, , power supplies, and accessories (provided, solely with respect to FortiAP indoor Wi-Fi access point Hardware
appliance products and FortiSwitch Hardware appliance products other than the FortiSwitch-5000 series (for both excluding spare parts, power supplies, and accessories),
the warranty herein shall last from the start of the warranty period as discussed above until ve (5) years following the product announced end-of-life date), and, for spare
parts, power supplies, and accessories, solely a ninety (90) days limited warranty. Fortinet’s sole obligation shall be to repair or replace the defective Hardware at no charge
to the original owner. This obligation is exclusive of transport fees, labor or installation costs, and any other cost which are not directly associated to the Product. Such repair
or replacement will be rendered by Fortinet at an authorized Fortinet service facility as determined by Fortinet. The replacement Hardware need not be new or of an identical
make, model, or part; Fortinet may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that Fortinet reasonably determines
is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement Hardware shall be
for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware. If Fortinet determines in its reasonable
discretion that a material defect is incapable of correction or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the
defective Hardware will be refunded by Fortinet upon return to Fortinet of the defective Hardware. All Hardware (or part thereof) that is replaced by Fortinet, or for which the
purchase price is refunded, shall become the property of Fortinet upon replacement or refund.
Fortinet warrants that the software portion of Hardware Products will substantially conform to Fortinet’s then current functional specications for the Software, as set forth
in the applicable documentation for a period of ninety (90) days (“Software Warranty Period”), if the Software is properly installed on approved Hardware and operated as
contemplated in its documentation. Fortinet’s sole obligation shall be to repair or replace the non-conforming Software with software that substantially conforms to Fortinet’s
functional specications. Except as otherwise agreed by Fortinet in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and
conditions of the license granted by Fortinet for the Software. The Software Warranty Period shall extend for an additional ninety (90) days after any replacement software
is delivered. If Fortinet determines in its reasonable discretion that a material non-conformance is incapable of correction or that it is not practical to repair or replace the
non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by Fortinet; provided that the non-conforming Software
(and all copies thereof) is rst returned to Fortinet. The license granted respecting any Software for which a refund is given automatically terminates immediately upon refund.
For purpose of the above hardware and software warranties, the term “functional specications” means solely those specications authorized and published by Fortinet that
expressly state in such specications that they are the functional specications referred to in this section 6 of this Agreement, and, in the event no such specications are
provided to you with the Software or Hardware, there shall be no warranty on such Software.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND IN-
CLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY
SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY
PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING
ANYTHING TO THE CONTRARY, THE HARDWARE WARRANTY PERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTIFONE WHICH
HAS A NINETY (90) DAY LIMITED WARRANTY AND FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINET’S FACILITIES, AND THE
SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTIGATE-ONE AND VDOM SOFTWARE.
The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except
by Fortinet or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Fortinet, (c) has been
subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, testing or demonstration purposes or for
which Fortinet does not charge a purchase price or license fee. In the case of beta, testing, evaluation, donation or free Software or Product, the end user acknowledges and
agrees that such Software or Product may contain bugs or errors and could cause system failures, data loss and other issues, and the end user agrees that such Software or
Product is provided “as-is” without any warranty whatsoever, and Fortinet disclaims any warranty or liability whatsoever. An end user’s use of evaluation or beta Software or
Product is limited to thirty (30) days from original shipment unless otherwise agreed in writing by Fortinet.
8. Governing Law.
Any disputes arising out of this Agreement or Fortinet’s limited warranty shall be governed by the laws of the state of California, without regard to the conict of laws
principles. In the event of any disputes arising out of this Agreement or Fortinet’s limited warranty, the parties submit to the jurisdiction of the federal and state courts located
in Santa Clara County, California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY DAMAGES OF ANY KIND
WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT,
LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL
PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA
CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR WARRANTY SERVICE) RESULTING FROM THE USE
OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY IN SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE
OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Products may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States
law and regulation is prohibited. You agree to comply with all applicable international and national laws that apply to the Products as well as end user, end-use, and destination
restrictions issued by U.S. and other governments. For additional information on U.S. export controls see www.bis.doc.gov. Fortinet assumes no responsibility or liability for
your failure to obtain any necessary import and export approvals. You represent that neither the United States Bureau of Industry and Security nor any other governmental
agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for any use relating
to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specic written license. Additionally,
you agree not to directly or indirectly export, import or transmit the Products contrary to the laws or regulations of any other governmental entity that has jurisdiction over
such export, import, transmission or use. Furthermore, you represent that you understand, and you hereby agree to comply with, all requirements of the U.S. Foreign Corrupt
Practices Act and all other applicable laws. For beta, testing, evaluation, donation or free Products and/or related services, you hereby agree, represent and warrant to Fortinet
that (a) receipt of the Products and/or services comply with all policies and you have obtained all necessary approvals for such Products and/or services, (b) the Products
and/or services are not provided in exchange for Fortinet maintaining current business or for new business opportunities, and (c) the Products and/or services are not being
received for the benet of, and are not being transferred to, any government entity, representative or afliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pur-
suant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modication, reproduction, release, performance, display or disclosure of the Software and
accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement and its successors.
12. Tax Liability.
You agree to be responsible for payment of any sales or use taxes imposed at any time on this transaction.
13. General Provisions.
Except as specically permitted and required in section 5 (“Transfer”) above, you agree not to assign this Agreement or transfer any of the rights or obligations under this
Agreement without the prior written consent of Fortinet. This Agreement shall be binding upon, and inure to the benet of, the successors and permitted assigns of the parties.
The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. This Agreement and other Fortinet agreements may be amended or
supplemented only by a writing that refers explicitly to the agreement signed on behalf of both parties, or, for this Agreement, as otherwise expressly provided in the lead-in
above Section 1 above, provided, notwithstanding anything to the contrary and except for this Agreement which may be amended or updated as expressly provided in the
lead-in above Section 1 above, for any amendment or other agreement to be binding on Fortinet, such amendment or other agreement must be signed by Fortinet’s General
Counsel. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted.
If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall continue in full force and effect. You
acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
14. Privacy.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain and use personal information supplied, including name, address, and e-mail address of
individuals and payment details and other information. Personal information will be used primarily to provide services and product functionality to end users. Fortinet may also
use personal information for additional communication, subject to an opt-out notice provided by you in writing per below. Fortinet may engage other companies and individuals
to perform functions on its behalf, such as payment processing, order fulllment, marketing programs and customer service. Fortinet may share personal information with
such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree. By
entering into this Agreement, you agree and consent to the transfer the supplied personal information to Fortinet’s ofces in the United States and elsewhere, for the purposes
stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the
communications described above, please read the Fortinet privacy policy on the Fortinet web site (www.Fortinet.com).
15. Open Source Software.
Fortinet’s products may include software modules that are licensed (or sublicensed) to the user under the GNU General Public License, Version 2, of June 1991 (“GPL”) or
GNU Lesser General Public License, Version 2.1, of February 1999 (“LGPL”) or other open source software licenses which, among other rights, permit the user touse, copy,
modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access to the source code (“Open Source Software”). The GPL requires
that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to
those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses
require that Fortinet provide rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this agreement, then such rights shall
take precedence over the rights and restrictions herein. Fortinet will provide, for a charge reecting our standard distribution costs, the complete machine-readable copy of the
modied software modules. To obtain a complete machine-readable copy, please send your written request, along with a check in the amount of US $25.00, to General Public
License Source Code Request, Fortinet, Inc., 899 Kifer Rd, Sunnyvale, CA 94086 USA. In order to receive the modied software modules, you must also include the following
information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased (if applicable), (f) Product Serial Number (if applicable). All open source
software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software
modules “AS-IS” without warranty of any kind, either expressed or implied. In no event will the copyright holder for the open source software be liable to you for damages,
including any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised of the possibili-
ty of such damages. A full copy of this license, including additional open source software license disclosures and third party license disclosures applicable to certain Fortinet
products, may obtained by contacting Fortinet’s Legal Department at legal@fortinet.com.
GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public
License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright
law: that is to say, a work containing the Program or a portion of it, either verbatim or with modications and/or translated into another language. (Hereinafter, translation is
included without limitation in the term “modication”.) Each licensee is addressed as “you”.
Activities other than copying, distribution and modication are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the
output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is
true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on
each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option
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