Fortinet FortiADC 400F, Быстрый старт

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License agreement
& warranty
Fortinet Product License Agreement / EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, 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 © 2015 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,
RELEASE, 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 IMME-
DIATELY, 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 incorporated 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 solely 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
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. You agree to keep
confidential all Fortinet confidential information and only to use such information for the purposes for which Fortinet disclosed it.
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 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 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 replace-
ment 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 documenta-
tion. 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 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 ENTIRE RISK
AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING
TO THE CONTRARY, THE HARDWARE WARRANTY PERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FOR-
TIFONE 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 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