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 COV-
ERED 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 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 conflict 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, FOR-
TINET 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, DE-INSTALLA-
TION AND INSTALLATION FEES AND COSTS, 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 PROD-
UCT, 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; 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 destination restrictions issued by U.S. and other governments. For additional information
on U.S. export controls see
. Fortinet assumes no responsibility or liability for your failure to
obtain any necessary import and export approvals and licenses, and Fortinet reserves the right to terminate or
suspend shipments, services and support in the event Fortinet has a reasonable basis to suspect any import or
export violation. 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 specific 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. You agree you and your employees will be responsible to comply in
full with all laws and policies applicable to any and all dealings with Fortinet in general and its distributors,
resellers and partners. 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 benefit of, and are not being transferred to, any government
entity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable. Any use, modification, 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.
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