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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, specific 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 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 or in the order-
ing 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 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 properly registered on Fortinet’s Support Web-
site,
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 ac-
cessories (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,
