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registration within three hundred sixty-five (365) days from shipment for software claims. Fortinet provides no warranty for any beta 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 specifications for the period set forth as follows and applicable to the Product type (“Hardware Warranty Period”): a three hundred sixty-five
(365) day limited warranty for the Hardware excluding spare parts, and, for spare parts, 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.
90-day Software Warranty: Fortinet warrants that the software portion of Hardware Products 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 Hard-
ware 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 specifications. 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 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 specifications that they are the functional 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 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 PRO-
VIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANY-
THING 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 THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FortiWifi-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 sub-
jected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes or for which Fortinet
does not charge a purchase price or license fee. In the case of beta, testing, evaluation 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.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conflicts of laws principles thereof. In all events
the terms of this Agreement and the limitations of liability, disclaimers of warranties and other restrictions herein shall be enforced to the maximum extent permissible by
applicable law.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCI-
DENTAL 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. Export Control; FCPA Compliance.
You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; 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 Software as well as end user, end-use, and destination restric-
tions 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 export approvals. 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. 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 Software 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 Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export,
import, transmission or use.
11. U.S. Government End Users.
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