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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 © 2015 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, transformation, 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 purchased your Product outside of the Americas, Fortinet Singapore
Private Limited (each referred to herein as "Fortinet") .CAREFULLY READ THE
FOLLOWING LEGAL AGREEMENT (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 EXPRESS-
LY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF
FORTINET. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS
AGREEMENT 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 IMMEDIATELY, 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 below, 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 busi-
ness 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 Software, 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 tem-
porary 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 For-
tinet) 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 autho-
rized 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 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 instal-
lation 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 licens-
ee, 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 cor-
rection 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
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