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. 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 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, and, for spare parts, 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.
90-day Software Warranty: 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 reason-
able 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 FORTIFONE WHICH HAS A NINETY (90) DAY LIMITED WARRANTY AND THE SOFTWARE
WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FortiWifi-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; or (d) is licensed for beta, evaluation,
testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee. In the case of beta, testing, evaluation 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.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conflicts of laws principles thereof. In
all events the terms of this Agreement and the limitations of liability, disclaimers of warranties and other restrictions herein shall be enforced to the maximum
extent permissible by applicable law.
9. Limitation of Liability.
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