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 may also be trademarks, registered or otherwise,
of Fortinet. All other product or company names may be trademarks of their respective owners. Copyright © 2019 Fortinet, Inc., All Rights reserved.
Contents and terms are subject to change by Fortinet 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 Fortinet, Inc.(“Fortinet”). CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS
“AGREEMENT” OR “EULA”). USE OR INSTALLATION 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 “PROD-
UCTS”) CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION
BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS
IN ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY
AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF FORTINET. 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 TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND
IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT IMMEDIATELY NOTIFY THE FORTINET LEGAL TEAM IN WRITING
OF REQUESTED CHANGES TO THIS AGREEMENT.
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 firmware 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 firmware 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) agreed by Fortinet in writing, (b) a substantial portion of your business is to provide managed
service provider services to your end-customers, and (c) you pay for an MSSP license, then you may use the Software and/or Software embedded in Fortinet
Hardware 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 (including license term restrictions), and solely on the Fortinet
appliance, or, in the case of blades, CPUs or databases, 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 unless and except set
forth in the published documentation otherwise, or, in the case of blades, CPUs or databases, on a single blade, CPU or database. For clarity, notwithstand-
ing 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, specific 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, (d) remove any proprietary notice, labels, or marks on the Software, Products, and
containers, or (e) use the Software for third-party training, commercial time-sharing or service bureau use or use the Software to provide services to third
parties except as expressly set forth in this Agreement.
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. You expressly agree and acknowledge that Fortinet owns
and shall retain all intellectual property rights in and to, and you have no intellectual property rights in and to, the Products and the Software other than
the License Grant. You agree to keep confidential all Fortinet confidential information and only to use such information for the purposes for which Fortinet
disclosed it.
4. Term and Termination.
Except for (a) evaluation and beta licenses where the term of the license is limited per the evaluation/beta or other agreement or (b) other licenses, such
as subscription licenses, where the term of the license is limited per the ordering documents, other Fortinet documentation or otherwise, 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 or for other reasons as stated in Fortinet’s
other documentation. 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.
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 Agreement. Further, if you are a non-authorized reseller of Products and Services, you are not authorized to sell Product(s),
Software or Services, but, regardless, by selling Product(s), Software or Services, 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
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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 properly registered on Fortinet’s Support
Website,
or such other website as provided by Fortinet, or for which the warranty otherwise starts according to Fortinet’s
policies, and any support is only valid for products properly purchased through authorized distributors and resellers. The warranty periods discussed
below will start according to Fortinet’s policies posted at
http://www.fortinet.com/aboutus/legal.html
or such other website as provided by Fortinet. 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. Fortinet provides no warranty for any beta,
donation or evaluation Products. Fortinet warrants that the hardware portion of the Products (“Hardware”) will be free from material defects in workman-
ship as compared to the functional specifications for the period set forth as follows and applicable to the Product type (“Hardware Warranty Period”): (a) a
three hundred sixty-five (365) day limited warranty for the Hardware products; (b) for FortiAP and Meru AP indoor Wi-Fi access point Hardware products,
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
Hardware; (c) for FortiSwitch Hardware appliance products other than the FortiSwitch-5000 series, the warranty herein shall last from the start of the warran-
ty period as discussed above until five (5) years following the product announced end-of-life date Hardware. Fortinet’s sole obligation shall be to repair or
offer replacement Hardware for the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labor, de-instal-
lation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. 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 Software as initially shipped by Fortinet 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 of-
fer 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-con-
forming 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 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 PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF
ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FIT-
NESS 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, 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 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. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY AND NOTHING HEREIN OR ELSE-
WHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE.
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, updated to the latest version, 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; or (e) is
procured from a non-authorized reseller or non-authorized distributor. 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 whatsoever, 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
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