Fortinet FortiAP S423E, Руководство пользователя

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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 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.
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 conlict of laws principles.
In the event of any disputes arising out of this Agreement or
Fortinet’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,
NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT
OR OTHER 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-INSTALLATION 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 Fortinet
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
speciic 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 opportunities, and (c) the Products and/or services are not being received for the beneit
of, and are not being transferred to, any government entity,
representative or afiliate.
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, modiication, reproduction, release,
performance, display or disclosure of the Software and
accompanying 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 speciically permitted and required in section 5
(“Transfer”) above, you agree not to assign this Agreement or
transfer any of the rights or obligations under this Agreement
without the prior written consent of Fortinet. This Agreement
shall be binding upon, and inure to the beneit of, the
successors and permitted assigns of the parties. The United
Nations Convention on Contracts for the International Sales
of Goods is expressly excluded. This Agreement and other
Fortinet agreements may be amended or supplemented only
by a writing that refers explicitly to the agreement signed on
behalf of both parties, or, for this Agreement, as otherwise
expressly provided in the lead-in above Section 1 above,
provided, notwithstanding anything to the contrary and except
for this Agreement which may be amended or updated as
expressly provided in the lead-in above Section 1 above, for
any amendment or other agreement to be binding on Fortinet,
such amendment or other agreement must be signed by
Fortinet’s General Counsel. No waiver will be implied from
conduct or failure to enforce rights nor effective unless in
a writing signed on behalf of the party against whom the
waiver is asserted. If any part of this Agreement is found
unenforceable, that part will be enforced to the maximum
extent permitted and the remainder shall continue in full
force and effect. You acknowledge that you have read this
Agreement, understand it, and agree to be bound by its terms
and conditions.
14. Privacy.
For information regarding Fortinet’s collection, use and 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 speciications for
the period set forth as follows and applicable to the Product
type (“Hardware Warranty Period”): a three hundred sixty-
ive (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 ive (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,
reconiguration, 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 speciications 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 speciications. This
obligation is exclusive of transport fees, labor, de-installation,
installation, reconiguration, 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
irst 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 speciications”
means solely those speciications authorized and published
by Fortinet that expressly state in such speciications that they
are the functional speciications referred to in this section 6 of
this Agreement, and, in the event no such speciications 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 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