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 specications for the period set forth as follows and applicable
to the Product type (“Hardware Warranty Period”): a three hundred sixty-ve (365) day limited warranty for the Hardware excluding
spare parts, and, for spare parts, 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.
90-day Software Warranty: Fortinet warrants that the software portion of Hardware Products will substantially conform to Fortinet’s
then current functional specications 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 specications. 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 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 rst 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 specications” means solely those specications authorized and published
by Fortinet that expressly state in such specications that they are the functional specications referred to in this section 6 of this
Agreement, and, in the event no such specications 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 WAR-
RANTY 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 COV-
ERED 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 THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS,
INCLUDING FortiWi-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 electri-
cal stress, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes or for which
Fortinet does not charge a purchase price or license fee. In the case of beta, testing, evaluation 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.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conicts of
laws principles thereof. In all events the terms of this Agreement and the limitations of liability, disclaimers of warranties and other
restrictions herein shall be enforced to the maximum extent permissible by applicable law.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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
INCONVENIENCE OR DAMAGES OF ANY CHARACTER, 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, 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. Export Control; FCPA Compliance.
You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; diver-
sion contrary to United States law and regulation is prohibited. You agree to comply with all applicable international and national
laws that apply to the Software 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 export approvals. 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. 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 Software for any use relating to nuclear, chemical
or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specic written
license. Additionally, you agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations
of any other governmental entity that has jurisdiction over such export, import, transmission or use.
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