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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 Forti-
net 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 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 Agree-
ment. 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 Agree-
ment 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 be-
low 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 Sup-
port 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 war-
ranty 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 ("Hard-
ware") 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 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 cor-
rection 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.
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