User's Manual
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 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-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 reg-
istration 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 (pro-
vided, 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 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 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-conform-
ing 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 reasonable discretion that a material non-conformance is incapable of correction or that it is not practical to repair or replace the non-conform-
ing 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.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED “AS-IS” WITHOUT ANY WARRAN-
TY 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 PRODUCT 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,