Fortinet FortiDB 3000D, Quick Start Manual

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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 war-
ranty, 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, 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 mate-
rial 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 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 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 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 EN-
TIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTAND-
ING 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.
The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used
(a) has been altered, except by Fortinet or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance
with instructions supplied by Fortinet, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is
licensed for beta, evaluation, donation, testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee. In
the case of beta, testing, evaluation, donation or free Software or Product, the end user acknowledges and agrees that such Software or Product
may contain bugs or errors and could cause system failures, data loss and other issues, and the end user agrees that such Software or Product is
provided “as-is” without any warranty whatsoever, and Fortinet disclaims any warranty or liability whatsoever. An end user’s use of evaluation or
beta Software or Product is limited to thirty (30) days from original shipment unless otherwise agreed in writing by Fortinet.
8. Governing Law.
Any disputes arising out of this Agreement or Fortinet’s limited warranty shall be governed by the laws of the state of California, without regard
to the conflict of laws principles. In the event of any disputes arising out of this Agreement or Fortinet’s limited warranty, the parties submit to the
jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE UNDER ANY
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE
PRODUCT OR SERVICE OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE
PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN,
STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR WARRANTY SERVICE) RESULTING
FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY IN SECTION
6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED
WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6
ABOVE.
10. Import / Export Requirements; FCPA Compliance.