Fortinet FortiAP 221B, Quick Start Manual, Page: 17 / 24

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, you are
not authorized to sell Product(s) or Software, but, regardless, by selling Product(s) or Software, 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 originally 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 registered on Fortinet’s Support
Website: https://support.fortinet.com; or on the TalkSwitch support website: http://global.talkswitch.com; or such other website as provided by Fortinet.
For the below software warranty to start, registration must take place within three hundred sixty-five (365) days from the date the Product was origi-
nally shipped from Fortinet’s facilities or the warranty is null and void and will not be honored. For the hardware warranty, such warranty starts on the
earlier of the date of Product registration on Fortinet’s Support Website or ninety (90) days from the date that the Product was originally shipped from
Fortinet’s facilities. 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, i.e. ninety (90)
days from the earlier of registration or the automatically started term for hardware and spare parts claims and three hundred sixty-five (365) days
from registration within three hundred sixty-five (365) days from shipment for software claims. Fortinet provides no warranty for any beta, donation 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.
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 Hardware 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 speci-
fications 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 WAR-
RANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WAR-
RANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY
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