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 speciications for
the period set forth as follows and applicable to the Product
type (“Hardware Warranty Period”): a three hundred sixty-
ive (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 ive (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,
reconiguration, 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 speciications 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 speciications. This
obligation is exclusive of transport fees, labor, de-installation,
installation, reconiguration, 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
irst 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 speciications”
means solely those speciications authorized and published
by Fortinet that expressly state in such speciications that they
are the functional speciications referred to in this section 6 of
this Agreement, and, in the event no such speciications 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 ANYTHING 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 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
Fortinet Product License Agreement /
EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered
trademarks of Fortinet, Inc., and other Fortinet names may
also be trademarks, registered or otherwise, of Fortinet. All
other product or company names may be trademarks of
their respective owners. Copyright © 2015 Fortinet, Inc., All
Rights reserved. Contents and terms are subject to change
by Fortinet without prior notice. No part of this publication
may be reproduced in any form or by any means or used to
make any derivative such as translation, transformation, or
adaptation without permission from Fortinet, Inc., as stipulated
by the United States Copyright Act of 1976.
Product License Agreement
The parties to this agreement are you, the end customer,
and either (i) where you have purchased your Product
within the Americas, Fortinet, Inc., or (ii) where you have
purchased your Product outside of the Americas, Fortinet
Singapore Private Limited (each referred to herein as
“Fortinet”). CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”).
USE OR INSTALLATION OF FORTINET PRODUCT(S)
AND ANY UPDATES THERETO, INCLUDING HARDWARE
APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE
INCLUDED THEREIN BY FORTINET, AND STAND-ALONE
SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER,
THE “PRODUCTS”) CONSTITUTES ACCEPTANCE BY YOU
OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR
UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION
BY FORTINET PUBLISHING AN AMENDED OR UPDATED
VERSION. FORTINET SHALL NOT BE BOUND BY ANY
ADDITIONAL AND/OR CONFLICTING PROVISIONS IN ANY
ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN
CORRESPONDENCE OR OTHER WRITTEN OR VERBAL
COMMUNICATION UNLESS EXPRESSLY AGREED TO
IN A WRITING SIGNED BY THE GENERAL COUNSEL OF
FORTINET. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, DO NOT START THE INSTALLATION
PROCESS OR USE THE PRODUCTS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU
SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN
FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF
THE PRODUCT IMMEDIATELY NOTIFY THE FORTINET
LEGAL TEAM IN WRITING AT [email protected] OF
REQUESTED CHANGES TO THIS AGREEMENT.
1. License Grant.
This is a license, not a sales agreement, between you and
Fortinet. The term “Software”, as used throughout this
Agreement, includes all Fortinet and third party irmware
and software provided to you with, or incorporated into,
Fortinet appliances and any stand-alone software provided
to you by Fortinet, with the exception of any open source
software contained in Fortinet’s Products which is discussed
in detail in section 15 below, and the term “Software”
includes any accompanying documentation, any updates
and enhancements of the software or irmware provided to
you by Fortinet, at its option. Fortinet grants to you a non-
transferable (except as provided in section 5 (“Transfer”) and
section 15 (“Open Source Software”) below), non-exclusive,
revocable (in the event of your failure to comply with these
terms or in the event Fortinet is not properly paid for the
applicable Product) license to use the Software solely for your
internal business purposes (provided, if a substantial portion
of your business is to provide managed service provider
services to your end-customers, you may use the Software
embedded in FortiGate and supporting hardware appliances
to provide those services, subject to the other restrictions in
this Agreement), in accordance with the terms set forth in this
Agreement and subject to any further restrictions in Fortinet
documentation, and solely on the Fortinet appliance, or, in
the case of blades, CPUs or databases, on the single blade,
CPU or database on which Fortinet installed the Software
or, for stand-alone Software, solely on a single computer
running a validly licensed copy of the operating system for
which the Software was designed, or, in the case of blades,
CPUs or databases, on a single blade, CPU or database. For
clarity, notwithstanding anything to the contrary, all licenses
of Software to be installed on blades, CPUs or databases
are licensed on a per single blade, solely for one blade and
not for multiple blades that may be installed in a chassis,
per single CPU or per single database basis, as applicable.
The Software is “in use” on any Fortinet appliances when it
is loaded into temporary memory (i.e. RAM). You agree that,
except for the limited, speciic license rights granted in this
section 1, you receive no license rights to the Software.
2. Limitation on Use.
You may not attempt to, and, if you are a corporation, you
are responsible to prevent your employees and contractors
from attempting to, (a) modify, translate, reverse engineer,
decompile, disassemble, create derivative works based on,
sublicense, or distribute the Software; (b) rent or lease any
rights in the Software in any form to any third party or make
the Software available or accessible to third parties in any
other manner; (c) except as provided in section 5, transfer
assign or sublicense right to any other person or entity, or
(d) remove any proprietary notice, labels, or marks on the
Software, Products, and containers.
3. Proprietary Rights.
All rights, title, interest, and all copyrights to the Software and
any copy made thereof by you and to any Product remain
with Fortinet. You acknowledge that no title to the intellectual
property in the Software or other Products is transferred to
you and you will not acquire any rights to the Software or
other Products except for the speciic license as expressly
set forth in section 1 (“License Grant”) above. You agree to
keep conidential all Fortinet conidential information and only
to use such information for the purposes for which Fortinet
disclosed it.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses
where the term of the license is limited per the evaluation/
beta or other agreement or in the ordering documents, the
term of the license is for the duration of Fortinet’s copyright
in the Software. Fortinet may terminate this Agreement, and
the licenses and other rights herein, immediately without
notice if you breach or fail to comply with any of the terms
and conditions of this Agreement. You agree that, upon
such termination, you will cease using the Software and
any Product and either destroy all copies of the Fortinet
documentation or return all materials to Fortinet. The
provisions of this Agreement, other than the license granted in
section 1 (“License Grant”), shall survive termination.
5. Transfer.
If you are a Fortinet contracted and authorized reseller or
distributor of Products, you may transfer (not rent or lease
unless speciically 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
Summary of Contents for FortiAP S421E
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