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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 © 2014 Fortinet, Inc., All Rights reserved. Contents and terms are subject to change by For-
tinet 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 CORRE-
SPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY 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 rmware 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 rmware 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 business 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 da-
tabases, 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 temporary memory (i.e. RAM). You
agree that, except for the limited, specic 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 specic 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 specically 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 distrib-
utor 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-ve (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-ve (365) days from registration within three hundred sixty-ve (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 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, , 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 ve (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 defec-
tive 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 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 rea-
sonable 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.