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 properly registered on Fortinet’s Support Website,
https://support.fortinet.com, or such other website as provided by
Fortinet, or for which the warranty otherwise starts according to
Fortinet’s policies. 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 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. 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,
power supplies, and accessories (provided, solely with respect to
FortiAP and Meru AP indoor Wi-Fi access point Hardware appliance
products and FortiSwitch Hardware appliance products other
than the FortiSwitch-5000 series (for both excluding spare parts,
power supplies, and accessories), 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), and,
for spare parts, power supplies, and accessories, solely a ninety
(90) days limited warranty. 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 Fortinet 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 the software as initially shipped
with the 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 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 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 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 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 PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND
PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE
PRODUCT. NOTWITHSTANDING
