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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 specific license as expressly set forth in section 1
(“License Grant”) above.
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, the term of the license is for the duration of Fortinet’s copyright in the Software. Fortinet may terminate this Agree-
ment, 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
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 EULA and therefore wishes to return
the Product(s) as provided for in this Agreement.
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
. For the below software warranty to start, regis-
tration 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 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 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,
