Table of Contents
Advertisement
Fortinet warrants that the software portion of Hardware Products will substantially conform to Fortinet's then cur-
rent 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 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 dis-
cretion 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 re-
fund. 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 PRO-
VIDED "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 WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PROD-
UCT 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 COVERED 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 FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE OF
SHIPMENT FROM FORTINET'S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET
PRODUCTS, INCLUDING FORTIGATE-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 electrical stress, misuse, negligence, or accident; (d) is licensed for beta,
evaluation, donation, testing or demonstration purposes or for which Fortinet does not charge a purchase price or
license fee. In the case of beta, testing, evaluation, donation 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 what-
soever, 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.
Any disputes arising out of this Agreement or Fortinet's limited warranty shall be governed by the laws of the state of
California, without regard to the conflict of laws principles. In the event of any disputes arising out of this Agreement
or Fortinet's limited warranty, the parties submit to the jurisdiction of the federal and state courts located in Santa
Clara County, California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, 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 DAMAGES OF ANY KIND
WHATSOEVER, 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 PROD-
UCT 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. Import / Export Requirements; FCPA Compliance.
You are advised that the Products may be subject to the United States Export Administration Regulations and other
17
Advertisement
Table of Contents
