5. Transfer.
If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent
or lease unless specifically agreed to in writing by Fortinet) the Software to one end user on a permanent
basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is
bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the
terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States
export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who
purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore
wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized reseller
of Products and Services, you are not authorized to sell Product(s), Software or Services, but, regardless, by
selling Product(s), Software or Services, you hereby agree you are bound by the restrictions and obligations
herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement
and are bound in full by all restrictions and obligations herein (ii) enforce the restrictions and obligations in
this Agreement against such customer and/or end user, (iii) comply with all applicable United States export
control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer
and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations
contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement.
Notwithstanding anything to the contrary, distributors, resellers and other Fortinet partners (a) are not agents
of Fortinet and (b) are not authorized to bind Fortinet in any way.
6. Limited Warranty.
Fortinet provides this limited warranty for its product only to the single end-user person or entity that origi-
nally purchased the Product from Fortinet or its authorized reseller or distributor and paid for such Product.
The warranty is only valid for Products which are properly registered on Fortinet’s Support Website,
or such other website as provided by Fortinet, or for which the warranty otherwise starts
according to Fortinet’s policies, and any support is only valid for products properly purchased through autho-
rized 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 orig-
inally 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 spec-
ifications for the period set forth as follows and applicable to the Product type (“Hardware Warranty Period”):
(a) a three hundred sixty-five (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 five (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 five (5) years following the product an-
nounced end-of-life date Hardware. Fortinet’s sole obligation shall be to repair or offer replacement Hardware
for the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees,
labor, de-installation, installation, reconfiguration, or return shipment and handling fees and costs, and For-
tinet 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 specifications 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 oper-
ated as contemplated in its documentation. Fortinet’s sole obligation shall be to repair or offer replacement
Software for the non-conforming Software with software that substantially conforms to Fortinet’s functional
specifications. This obligation is exclusive of transport fees, labor, de-installation, installation, reconfiguration,
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 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 specifi-
cations authorized and published by Fortinet that expressly state in such specifications that they are the func-
tional specifications referred to in this section 6 of this Agreement, 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 PRODUCT AND SOFTWARE ARE
PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
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