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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 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 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.
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 War-
ranty Period shall extend for an additional ninety (90) days after any 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 WAR-
RANTY 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.
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; (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
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