Fortinet fortigate 90d, Information

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Fortinet Product License Agreement / EULA and
Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fort-
inet, 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 © 2016 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, RE-
LEASE, 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 LEGAL@FORTINET.COM 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 firmware and software provided to you with, or incorpo-
rated 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 firmware 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 sole-
ly 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, 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 ac-
knowledge 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 ordering documents, the term of the license is for the duration of For-
tinet’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 restric-
tions 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 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 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 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
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 offer replacement
Hardware for the defective Hardware at no charge to the original owner.
This obligation is exclusive of transport fees, labor, de-installation, installa-
tion, reconfiguration, or return shipment and handling fees and costs, and
Fortinet shall have no obligation related thereto. Such repair or replace-
ment will be rendered by Fortinet at an authorized Fortinet service facility
as determined by Fortinet. The replacement Hardware need not be new or