purchased through authorized distributors and resellers. The warranty periods discussed below will start according to Fortinet’s policies posted at http://www.fortinet.com/
aboutus/legal.html or such other website as provided by Fortinet. 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. Fortinet provides no warranty for
any beta, donation or evaluation Products. Fortinet warrants that the hardware portion of the Products (“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) a three hundred sixty-ve
(365) day limited warranty for the Hardware products; (b) for FortiAP and Meru AP indoor Wi-Fi access point Hardware products, 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 Hardware; (c) for FortiSwitch Hardware appliance products other
than the FortiSwitch-5000 series, 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 Hardware. Fortinet ’s sole obligation shall be to repair or oer replacement Hardware for the defective Hardware at no charge to the original owner. This
obligation is exclusive of transport fees, labor, de-installation, installation, reconguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation
related thereto. 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 Software as initially shipped by
Fortinet 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 oer replacement Software for the non-conforming Software with software that substantially conforms to Fortinet’s functional specications. This
obligation is exclusive of transport fees, labor, de-installation, installation, reconguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation
related thereto. Except as otherwise agreed by Fortinet in writing, the warranty 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 warranty 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 SOFT WARE 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 NINET Y (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 FORTITOKEN WHICH
HAS A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINE T ’S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PROD-
UCTS, INCLUDING FORTIGATE-ONE AND VDOM SOFTWARE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY AND NOTHING
HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE.
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, updated to the latest version, 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; or (e) is
procured from a non-authorized reseller or non-authorized distributor. 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 NOT WITHSTANDING ANY THING TO THE CONTRARY, FORTINE T IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILIT Y, 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, DE-INSTALLATION AND INSTALLATION
FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERT Y, 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
WARRANT Y SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANT Y IN
SECTION 6 ABOVE, EVEN IF FORTINE T 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; Compliance with Laws; 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
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