Fortinet FortiAP S221E, Быстрый старт, Страница: 23 / 31

installation, installation, reconfiguration, or return shipment and handling feesand costs, and Fortinet shallhave no obligation related thereto.
Such repair or replacement willbe rendered byFortinet at an authorized Fortinet service facilityasdetermined byFortinet. The replacement
Hardware need not be new or of an identicalmake, model, or part; Fortinet may, in itsdiscretion, replace the defective Hardware (or anypart
thereof) with anyreconditioned Product that Fortinet reasonablydeterminesissubstantiallyequivalent (or superior) in allmaterialrespectsto the
defective Hardware. The Hardware WarrantyPeriod for the repaired or replacement Hardware shallbe for the greater of the remaining
Hardware WarrantyPeriod or ninetydaysfrom the deliveryof the repaired or replacement Hardware. If Fortinet determinesin itsreasonable
discretion that a materialdefect isincapable of correction or that it isnot practicalto repair or replace defective Hardware, the price paid bythe
originalpurchaser for the defective Hardware willbe refunded byFortinet upon return to Fortinet of the defective Hardware. AllHardware (or part
thereof) that isreplaced byFortinet, or for which the purchase price isrefunded, shallbecome the propertyof Fortinet upon replacement or
refund. Fortinet warrantsthat the software asinitiallyshipped with the Hardware Productswillsubstantiallyconform to Fortinet'sthen current
functionalspecificationsfor the Software, asset forth in the applicable documentation for a period of ninety(90) days("Software Warranty
Period"), if the Software isproperlyinstalled on approved Hardware and operated ascontemplated in itsdocumentation. Fortinet'ssole
obligation shallbe to repair or offer replacement Software for the non-conforming Software with software that substantiallyconformsto
Fortinet'sfunctionalspecifications. Thisobligation isexclusive of transport fees, labor, de-installation, installation, reconfiguration, or return
shipment and handling feesand costs, and Fortinet shallhave no obligation related thereto. Except asotherwise agreed byFortinet in writing, the
warrantyreplacement Software isprovided onlyto the originallicensee, and issubject to the termsand conditionsof the license granted by
Fortinet for the Software. The Software WarrantyPeriod shallextend for an additionalninety(90) daysafter anywarrantyreplacement software is
delivered. If Fortinet determinesin itsreasonable discretion that a materialnon-conformance isincapable of correction or that it isnot practicalto
repair or replace the non-conforming Software, the price paid bythe originallicensee for the non-conforming Software willbe refunded by
Fortinet; provided that the non-conforming Software (and allcopiesthereof) isfirst returned to Fortinet. The license granted respecting any
Software for which a refund isgiven automaticallyterminatesimmediatelyupon refund. For purpose of the above hardware and software
warranties, the term “functionalspecifications” meanssolelythose specificationsauthorized and published byFortinet that expresslystate in
such specificationsthat theyare the functionalspecificationsreferred to in thissection 6 of thisAgreement, and, in the event no such
specificationsare provided to you with the Software or Hardware, there shallbe no warrantyon such Software.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT FOR THE LIMITED WARRANTYSPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED "AS-IS"
WITHOUT ANY WARRANTYOF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS
WARRANTYOF MERCHANTABILITY, OR WARRANTYFOR FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY
IMPLIED WARRANTYCANNOT BE DISCLAIMED IN ANY TERRITORYWHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED
WARRANTYSHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS
EXPRESSLYCOVERED UNDER THE LIMITED WARRANTYPROVIDED HEREIN, THE ENTIRE RISKAS TO THE QUALITY, SELECTION AND
PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
THE HARDWARE WARRANTYPERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING
FORTITOKEN WHICH HAS A 365 DAY WARRANTYFROM THE DATE OF SHIPMENT FROM FORTINET’SFACILITIES, AND THE SOFTWARE
WARRANTYDOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTIGATE-ONE AND VDOM SOFTWARE. YOU HEREBY
ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITYAND NOTHING HEREIN OR ELSEWHERE SHALL BE
DEEMED TO IMPLY A SECURITYGUARANTEE OR ASSURANCE.
The warrantyin Section 6 above doesnot applyif the Software, Product or anyother equipment upon which the Software isauthorized to be
used (a) hasbeen altered, except byFortinet or itsauthorized representative, (b) hasnot been installed, operated, repaired, updated to the latest
version, or maintained in accordance with instructionssupplied byFortinet, (c) hasbeen subjected to abnormalphysicalor electricalstress,
misuse, negligence, or accident; (d) islicensed for beta, evaluation, donation, testing or demonstration purposesor for which Fortinet doesnot
charge a purchase price or license fee. In the case of beta, testing, evaluation, donation or free Software or Product, the end user
acknowledgesand agreesthat such Software or Product maycontain bugsor errorsand could cause system failures, data lossand other
issues, and the end user agreesthat such Software or Product isprovided “as-is” without anywarrantywhatsoever, and Fortinet disclaimsany
warrantyor liabilitywhatsoever. An end user’suse of evaluation or beta Software or Product islimited to thirty(30) daysfrom originalshipment
unlessotherwise agreed in writing byFortinet.
8. Governing Law.
Anydisputesarising out of thisAgreement or Fortinet’slimited warrantyshallbe governed bythe lawsof the state of California, without regard to
the conflict of lawsprinciples. In the event of anydisputesarising out of thisAgreement or Fortinet’slimited warranty, the partiessubmit to the
jurisdiction of the federaland state courtslocated in Santa Clara County, California, asapplicable.
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