Fortinet Product License Agreement / Eula And Warranty Terms - Fortinet FortiAP S323CR Information Manual

Fortinet Product License Agreement / FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE
PRODUCTIMMEDIATELY NOTIFY THE FORTINET LEGAL TEAM
EULA and Warranty Terms
IN WRITING AT LEGAL@FORTINET.COM OF REQUESTED
CHANGES TO THIS AGREEMENT.
Trademarks and Copyright Statement
1. License Grant.
Fortinet®, FortiGate®, and FortiGuard® are registered trade-
This is a license, not a sales agreement, between you and
marks of Fortinet, Inc., and other Fortinet names may also be
Fortinet. The term "Software", as used throughout this Agree-
trademarks, registered or otherwise, of Fortinet. All other product
ment, includes all Fortinet and third party firmware and software
or company names may be trademarks of their respective
provided to you with, or incorporated into, Fortinet appliances
owners. Copyright © 2015 Fortinet, Inc., All Rights reserved.
and any stand-alone software provided to you by Fortinet, with
Contents and terms are subject to change by Fortinet without
the exception of any open source software contained in Fortinet's
prior notice. No part of this publication may be reproduced in
Products which is discussed in detail in section 15 below, and
any form or by any means or used to make any derivative such
the term "Software" includes any accompanying documentation,
as translation, transformation, or adaptation without permission
any updates and enhancements of the software or firmware
from Fortinet, Inc., as stipulated by the United States Copyright
provided to you by Fortinet, at its option. Fortinet grants to you a
Act of 1976.
non-transferable (except as provided in section 5 ("Transfer") and
Product License Agreement
section 15 ("Open Source Software") below), non-exclusive, revo-
The parties to this agreement are you, the end customer, and
cable (in the event of your failure to comply with these terms or in
either (i) where you have purchased your Product within the
the event Fortinet is not properly paid for the applicable Product)
Americas, Fortinet, Inc., or (ii) where you have purchased your
license to use the Software solely for your internal business pur-
Product outside of the Americas, Fortinet Singapore Private
poses (provided, if a substantial portion of your business is to pro-
Limited (each referred to herein as "Fortinet") .CAREFULLY
vide managed service provider services to your end-customers,
READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS
you may use the Software embedded in FortiGate and supporting
"AGREEMENT" OR "EULA"). USE OR INSTALLATION OF FORT-
hardware appliances to provide those services, subject to the
INET PRODUCT(S) AND ANY UPDATES THERETO, INCLUDING
other restrictions in this Agreement), in accordance with the terms
HARDWARE APPLIANCE PRODUCTS, SOFTWARE AND FIRM-
set forth in this Agreement and subject to any further restrictions
WARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE
in Fortinet documentation, and solely on the Fortinet appliance,
SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE
or, in the case of blades, CPUs or databases, on the single blade,
"PRODUCTS") CONSTITUTES ACCEPTANCE BY YOU OF THE
CPU or database on which Fortinet installed the Software or, for
TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED
stand-alone Software, solely on a single computer running a valid-
FROM TIME TO TIME IN FORTINET'S DISCRETION BY FOR-
ly licensed copy of the operating system for which the Software
TINET PUBLISHING AN AMENDED OR UPDATED VERSION.
was designed, or, in the case of blades, CPUs or databases,
FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/
on a single blade, CPU or database. For clarity, notwithstanding
OR CONFLICTING PROVISIONS IN ANY ORDER, RELEASE,
anything to the contrary, all licenses of Software to be installed on
ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR
blades, CPUs or databases are licensed on a per single blade,
OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS
solely for one blade and not for multiple blades that may be in-
EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE
stalled in a chassis, per single CPU or per single database basis,
GENERAL COUNSEL OF FORTINET. IF YOU DO NOT AGREE
as applicable. The Software is "in use" on any Fortinet appliances
TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START
when it is loaded into temporary memory (i.e. RAM). You agree
THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF
that, except for the limited, specific license rights granted in this
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
section 1, you receive no license rights to the Software.
YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN
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 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 in full, i.e. ninety (90) days from the earlier of registration or the
agree to the terms contained in this Agreement and therefore automatically started term for hardware and spare parts claims
wishes to return the Product(s) as provided for in this Agreement. and three hundred sixty-five (365) days from registration within
Further, if you are a non-authorized reseller of Products, you are three hundred sixty-five (365) days from shipment for software
not authorized to sell Product(s) or Software, but, regardless, by claims. Fortinet provides no warranty for any beta, donation or
selling Product(s) or Software, you hereby agree you are bound evaluation Products, for any spare parts not purchased directly
by the restrictions and obligations herein and are bound to: (i) from Fortinet by the end-user, for any accessories, or for any
ensure that your customer and the end user receive a copy of this stand-alone software.
Agreement and are bound in full by all restrictions and obligations Fortinet warrants that the hardware portion of the Products,
herein (ii) enforce the restrictions and obligations in this Agree- including spare parts unless noted otherwise ("Hardware") will be
ment against such customer and/or end user, (iii) comply with all free from material defects in workmanship as compared to the
applicable United States export control laws and regulations and functional specifications for the period set forth as follows and ap-
all other applicable laws, and (iv) refund any fees paid to you by plicable to the Product type ("Hardware Warranty Period"): a three
a customer and/or end user who purchased Product(s) from you hundred sixty-five (365) day limited warranty for the Hardware ex-
but does not agree to the restrictions and obligations contained cluding spare parts, power supplies, and accessories (provided,
in this Agreement and therefore wishes to return the Product(s) solely with respect to FortiAP indoor Wi-Fi access point Hardware
as provided for in this Agreement. Notwithstanding anything to appliance products and FortiSwitch Hardware appliance products
the contrary, distributors, resellers and other Fortinet partners other than the FortiSwitch-5000 series (for both excluding spare
(a) are not agents of Fortinet and (b) are not authorized to bind parts, power supplies, and accessories), the warranty herein shall
Fortinet in any way. last from the start of the warranty period as discussed above until
6. Limited Warranty. five (5) years following the product announced end-of-life date),
Fortinet provides this limited warranty for its product only to the and, for spare parts, power supplies, and accessories, solely a
single end-user person or entity that originally purchased the ninety (90) days limited warranty. Fortinet's sole obligation shall
Product from Fortinet or its authorized reseller or distributor and be to repair or offer replacement Hardware for the defective
paid for such Product. The warranty is only valid for Products Hardware at no charge to the original owner. This obligation is
which are registered on Fortinet's Support Website: https:// exclusive of transport fees, labor, de-installation, installation,
support.fortinet.com; or on the TalkSwitch support website: reconfiguration, or return shipment and handling fees and costs,
http://global.talkswitch.com; or such other website as provided and Fortinet shall have no obligation related thereto. Such repair
by Fortinet. For the below software warranty to start, registration or replacement will be rendered by Fortinet at an authorized For-
must take place within three hundred sixty-five (365) days from tinet service facility as determined by Fortinet. The replacement
the date the Product was originally shipped from Fortinet's Hardware need not be new or of an identical make, model, or
facilities or the warranty is null and void and will not be honored. part; Fortinet may, in its discretion, replace the defective Hardware
For the hardware warranty, such warranty starts on the earlier of (or any part thereof) with any reconditioned Product that Fortinet
the date of Product registration on Fortinet's Support Website reasonably determines is substantially equivalent (or superior) in
or ninety (90) days from the date that the Product was originally all material respects to the defective Hardware. The Hardware
shipped from Fortinet's facilities. It is the Fortinet distributor's and Warranty Period for the repaired or replacement Hardware shall
reseller's responsibility to make clear to the end user the date the be for the greater of the remaining Hardware Warranty Period
product was originally shipped from Fortinet, and it is the end or ninety days from the delivery of the repaired or replacement
user's responsibility to understand the original ship date from Hardware. If Fortinet determines in its reasonable discretion
the party from which the end user purchased the product. All that a material defect is incapable of correction or that it is not
warranty claims must be submitted in writing to Fortinet before practical to repair or replace defective Hardware, the price paid by
the expiration of the warranty term or such claims are waived 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) days after any
warranty replacement software is delivered. If Fortinet determines
in its reasonable 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 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 specifica-
tions" 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 PROVIDED
"AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED