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 autho-
rized 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 originally 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 expira-
tion 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 work-
manship 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
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 obliga-
tion 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 respect-
ing 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 DU-
RATION 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.
Page 17
