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 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, IN-
CLUDING 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 Soft-
ware, Product or any other equipment upon which the Soft-
ware 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 Forti-
net, (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 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 Prod-
uct 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.
Any disputes arising out of this Agreement or Fortinet’s
limited warranty shall be governed by the laws of the state of
California, without regard to the conflict of laws principles. In
the event of any disputes arising out of this Agreement or For-
tinet’s limited warranty, the parties submit to the jurisdiction
of the federal and state courts located in Santa Clara County,
California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND
NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FORTINET IS NOT LIABLE UNDER ANY CONTRACT, NEGLI-
GENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTH-
ER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF
USE OF THE PRODUCT OR SERVICE OR ANY DAMAGES
OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS
OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE
RELATED TO USE OF THE PRODUCT OR SERVICE IN
CONNECTION WITH HIGH RISK ACTIVITIES, DE-INSTAL-
LATION AND INSTALLATION FEES AND COSTS, DAMAGE
TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, COMPUTER
SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS
OF INFORMATION OR DATA CONTAINED IN, STORED ON,
OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY
PRODUCT RETURNED TO FORTINET FOR WARRANTY
SERVICE) RESULTING FROM THE USE OF THE PRODUCT,
RELATING TO WARRANTY SERVICE, OR ARISING OUT OF
ANY BREACH OF THE LIMITED WARRANTY IN SECTION 6
ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY
FOR A BREACH OF THE LIMITED WARRANTY IS REPAIR,
REPLACEMENT OR REFUND OF THE DEFECTIVE OR
NON-CONFORMING PRODUCT AS SPECIFICALLY STATED
IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Products may be subject to the
United States Export Administration Regulations and other
import and export laws; diversion contrary to United States
law and regulation is prohibited. You agree to comply with
all applicable international and national laws that apply to
the Products as well as end user, end-use, and destination
restrictions issued by U.S. and other governments. For
additional information on U.S. export controls see www.
bis.doc.gov. Fortinet assumes no responsibility or liability
for your failure to obtain any necessary import and export
approvals, and Fortinet reserves the right to terminate or
suspend shipments, services and support in the event Fort-
inet has a reasonable basis to suspect any import or export
violation. You represent that neither the United States Bureau
of Industry and Security nor any other governmental agency
has issued sanctions against you or otherwise suspended,
revoked or denied your export privileges. You agree not to
use or transfer the Products for any use relating to nuclear,
chemical or biological weapons, or missile technology, unless
authorized by the United States Government by regulation or
specific written license. Additionally, you agree not to directly
or indirectly export, import or transmit the Products contrary
to the laws or regulations of any other governmental entity
that has jurisdiction over such export, import, transmission or
use. Furthermore, you represent that you understand, and
you hereby agree to comply with, all requirements of the U.S.
Foreign Corrupt Practices Act and all other applicable laws.
For beta, testing, evaluation, donation or free Products and/
or related services, you hereby agree, represent and warrant
to Fortinet that (a) receipt of the Products and/or services
comply with all policies and you have obtained all necessary
approvals for such Products and/or services, (b) the Products
and/or services are not provided in exchange for Fortinet
maintaining current business or for new business opportu-
nities, and (c) the Products and/or services are not being
received for the benefit of, and are not being transferred to,
any government entity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed
to be “commercial computer software” and “commercial
computer software documentation,” respectively, pursuant
to DFAR Section 227.7202 and FAR Section 12.212, as
applicable. Any use, modification, reproduction, release, per-
formance, display or disclosure of the Software and accom-
panying documentation by the United States Government
shall be governed solely by the terms of this Agreement and
shall be prohibited except to the extent expressly permitted
by the terms of this Agreement and its successors.
12. Tax Liability.
You agree to be responsible for payment of any sales or use
taxes imposed at any time on this transaction.
13. General Provisions.
Except as specifically permitted and required in section 5
(“Transfer”) above, you agree not to assign this Agreement or
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, regard-
less, 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 distrib-
utor 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 Hard-
ware 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 contemplat-
ed 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, reconfig-
uration, 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 replace-
ment 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
