Fortinet, Inc. - EULA v14 - September 2015
7
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 war-
ranty 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-con-
forming Software will be refunded by Fortinet; provided that the non-conforming Software (and
all copies thereof) is first 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 specifications” means solely
those specifications authorized and published by Fortinet that expressly state in such specifi-
cations that they are the functional specifications referred to in this section 6 of this Agree-
ment, and, in the event no such specifications 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 PROD-
UCT AND SOFTWARE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND
INCLUDING, 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 DIS-
CLAIMED 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 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. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VEN-
DOR 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. In the case of beta, testing, evaluation, donation or free Soft-
ware or Product, the end user acknowledges and agrees that such Software or Product may
contain bugs or
