
Fortinet owns and shall retain all intellectual property rights in and to, and you have no intellectual property rights in and to, the Products and the
Software other than the License Grant. You agree to keep confidential all Fortinet confidential information and only to use such information for the
purposes for which Fortinet disclosed it.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses, such as subscription licenses, where the term of the license is limited per the evaluation/beta
or other agreement, in the ordering documents or otherwise, 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 or for other reasons as stated in Fortinet’s other documentation. 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.
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 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 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 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 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, reconfiguration, 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)
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