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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 Website, 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 accessories (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, 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, installation,
reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto . 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
as initially shipped with the 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 offer replacement Software
for the non-conforming Software with software that substantially conforms to Fortinet’s functional specifications . This obligation is exclusive
of transport fees, labor, de-installation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no
obligation related thereto . Except as otherwise agreed by Fortinet in writing, the warranty 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 warranty 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 sec-
tion 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 . YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY AND
NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE .
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, updated to the latest
version, 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