Fortinet fortigate 90d, Information

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 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 documen-
tation 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 specifica-
tions. 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 Soft-
ware 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 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 WAR-
RANTY 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 ORIGI-
NAL 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.  NOTWITH-
STANDING ANYTHING TO THE CONTRARY, THE HARDWARE WAR-
RANTY 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.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT 
NO VENDOR CAN ASSURE COMPLETE SECURITY AND NOTHING 
HEREIN OR ELSEWHERE 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, negli-
gence, 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 
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 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 NOTWITH-
STANDING 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, DE-INSTALLATION AND 
INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL 
PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNC-
TION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFEC-
TION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, 
OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT 
RETURNED TO FORTINET FOR WARRANTY SERVICE) RESULTING 
FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SER-
VICE, 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 import and export laws; 
diversion contrary to United States law and regulation is prohibited. You 
agree to comply with all applicable international and national laws that 
apply to the Products as well as end user, end-use, and destination 
restrictions issued by U.S. and other governments. For additional informa-
tion on U.S. export controls see www.bis.doc.gov.  Fortinet assumes no 
responsibility or liability for your failure to obtain any necessary import and 
export approvals.  You represent that neither the United States Bureau 
of Industry and Security nor any other governmental agency has issued 
sanctions against you or otherwise suspended, revoked or denied your 
export privileges. You agree not to use or transfer the Products for any 
use relating to nuclear, chemical or biological weapons, or missile technol-
ogy, unless authorized by the United States Government by regulation or 
specific written license. Additionally, you agree not to directly or indirectly 
export, import or transmit the Products contrary to the laws or regulations 
of any other governmental entity that has jurisdiction over such export, 
import, transmission or use.  Furthermore, you represent that you under-
stand, and you hereby agree to comply with, all requirements of the U.S. 
Foreign Corrupt Practices Act and all other applicable laws.   For beta, 
testing, evaluation, donation or free Products and/or related services, 
you hereby agree, represent and warrant to Fortinet that (a) receipt of the 
Products and/or services comply with all policies and you have obtained 
all necessary approvals for such Products and/or services, (b) the Prod-
ucts and/or services are not provided in exchange for Fortinet maintaining 
current business or for new business opportunities, and (c) the Products 
and/or services are not being received for the benefit of, and are not being 
transferred to, any government entity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be 
“commercial computer software” and “commercial computer software 
documentation,” respectively, pursuant to DFAR Section 227.7202 and 
FAR Section 12.212, as applicable. Any use, modification, reproduc-
tion, release, performance, display or disclosure of the Software and 
accompanying documentation by the United States Government shall be 
governed solely by the terms of this Agreement and shall be prohibited 
except to the extent expressly permitted by the terms of this Agreement 
and its successors.
12. Tax Liability.
You agree to be responsible for payment of any sales or use taxes 
imposed at any time on this transaction.
13. General Provisions.
Except as specifically permitted and required in section 5 (“Transfer”) 
above, you agree not to assign this Agreement or transfer any of the rights 
or obligations under this Agreement without the prior written consent of 
Fortinet. This Agreement shall be binding upon, and inure to the benefit 
of, the successors and permitted assigns of the parties. The United 
Nations Convention on Contracts for the International Sales of Goods is 
expressly excluded. This Agreement and other Fortinet agreements may 
be amended or supplemented only by a writing that refers explicitly to the 
agreement signed on behalf of both parties, or, for this Agreement, as oth-
erwise expressly provided in the lead-in above Section 1 above, provided, 
notwithstanding anything to the contrary and except for this Agreement 
which may be amended or updated as expressly provided in the lead-in 
above Section 1 above, for any amendment or other agreement to be 
binding on Fortinet, such amendment or other agreement must be signed 
by Fortinet’s General Counsel. No waiver will be implied from conduct or