Fortinet FortiGate 500D, Дополнение к инструкции

Страница: 8 / 12

the terms in this Agreement against 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, regardless, 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 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; or on the
TalkSwitch support website: http://global.talkswitch.com; or such other website as
provided by Fortinet. 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, 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 com-
pared 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 lim-
ited 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 func-
tional 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 condi-
tions 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 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 WAR-
RANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, Fortinet Product License Agreement /
EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc., and
other Fortinet names herein may also be trademarks, registered or otherwise, of Fortinet.
All other product or company names may be trademarks of their respective owners.
Copyright © 2014 Fortinet, Inc., All Rights reserved. Contents and terms are subject to
change by Fortinet without prior notice. No part of this publication may be reproduced
in any form or by any means or used to make any derivative such as translation, transfor-
mation, or adaptation without permission from Fortinet, Inc., as stipulated by the United
States Copyright Act of 1976.
Product License Agreement
The parties to this agreement are you, the end customer, and either (i) where you have
purchased your Product within the Americas, Fortinet, Inc., or (ii) where you have pur-
chased your Product outside of the Americas, Fortinet Singapore Private Limited (each
referred to herein as “Fortinet”) .CAREFULLY READ THE FOLLOWING LEGAL AGREE-
MENT (THE OR THIS “AGREEMENT” OR “EULA”). USE OF FORTINET PRODUCT(S)
AND ANY UPDATES THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS,
SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE
SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE “PRODUCTS”)
CONSTITUTES ACCEPTANCE BY YOU OF THE PROVISIONS IN THIS AGREEMENT.
FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING
PROVISIONS IN ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN
CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS
EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF
FORTINET. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS AGREE-
MENT TO THE TERMS HEREIN, AS AMENDED OR UPDATED FROM TIME TO TIME IN
FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED
VERSION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DO
NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATE-
LY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT
OF THE PRODUCT RETURN THE PRODUCTS TO THE LOCATION WHERE YOU
OBTAINED THEM FOR A FULL REFUND FROM THE PARTNER SELLING TO YOU.
1. License Grant.
This is a license, not a sales agreement, between you and Fortinet. The term “Software”,
as used throughout this Agreement, includes all Fortinet and third party firmware
and software provided to you with, or incorporated into, Fortinet appliances and any
stand-alone software provided to you by Fortinet, with the exception of any open source
software contained in Fortinet’s Products which is discussed in detail in section 15 be-
low, and the term “Software” includes any accompanying documentation, any updates
and enhancements of the software or firmware provided to you by Fortinet, at its option.
Fortinet grants to you a non-transferable (except as provided in section 5 (“Transfer”)
and section 15 (“Open Source Software”) below), non-exclusive, revocable (in the event
of your failure to comply with these terms or in the event Fortinet is not properly paid
for the applicable Product) license to use the Software solely for your internal business
purposes (provided, if a substantial portion of your business is to provide managed
service provider services to your end-customers, you may use the Software embedded
in FortiGate and supporting hardware appliances to provide those services, subject to
the other restrictions in this Agreement), in accordance with the terms set forth in this
Agreement and subject to any further restrictions in Fortinet documentation, and solely
on the Fortinet appliance, or, in the case of blades, CPUs or databases, on the single
blade, CPU or database on which Fortinet installed the Software or, for stand-alone Soft-
ware, solely on a single computer running a validly licensed copy of the operating system
for which the Software was designed, or, in the case of blades, CPUs or databases, on
a single blade, CPU or database. For clarity, notwithstanding anything to the contrary,
all licenses of Software to be installed on blades, CPUs or databases are licensed on a
per single blade, solely for one blade and not for multiple blades that may be installed in
a chassis, per single CPU or per single database basis, as applicable. The Software is
“in use” on any Fortinet appliances when it is loaded into temporary memory (i.e. RAM).
You agree that, except for the limited, specific license rights granted in this section 1, you
receive no license rights to the Software.
2. Limitation on Use.
You may not attempt to, and, if you are a corporation, you are responsible to prevent
your employees and contractors from attempting to, (a) modify, translate, reverse
engineer, decompile, disassemble, create derivative works based on, sublicense, or
distribute the Software; (b) rent or lease any rights in the Software in any form to any third
party or make the Software available or accessible to third parties in any other manner;
(c) except as provided in section 5, transfer assign or sublicense right to any other
person or entity, or (d) remove any proprietary notice, labels, or marks on the Software,
Products, and containers.
3. Proprietary Rights.
All rights, title, interest, and all copyrights to the Software and any copy made thereof
by you and to any Product remain with Fortinet. You acknowledge that no title to the
intellectual property in the Software or other Products is transferred to you and you will
not acquire any rights to the Software or other Products except for the specific license
as expressly set forth in section 1 (“License Grant”) above.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses where the term of the license
is limited per the evaluation/beta or other agreement or in the ordering documents, the
term of the license is for the duration of Fortinet’s copyright in the Software. Fortinet
may terminate this Agreement, and the licenses and other rights herein, immediately
without notice if you breach or fail to comply with any of the terms and conditions of this
Agreement. You agree that, upon such termination, you will cease using the Software
and any Product and either destroy all copies of the Fortinet documentation or return all
materials to Fortinet. The provisions of this Agreement, other than the license granted in
section 1 (“License Grant”), shall survive termination.
5. Transfer.
If you are a Fortinet contracted and authorized reseller or distributor of Products, you
may transfer (not rent or lease unless specifically agreed to in writing by Fortinet) the
Software to one end user on a permanent basis, provided that: (i) you ensure that your
customer and the end user receives a copy of this Agreement, is bound by its terms
and conditions, and, by selling the Product or Software, you hereby agree to enforce