Fortinet Terms and Conditions of Sale

 

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE BETWEEN YOU AND FORTINET, INC. AND/OR ITS SUBSIDIARIES ("FORTINET").  THESE TERMS ARE A CONDITION TO YOUR PURCHASE AND APPLY TO YOUR PURCHASE.  BY PURCHASING THIS PRODUCT AND ACCEPTING THIS CLICK-THROUGH AGREEMENT, YOU AGREE TO BE BOUND BY, AND ACCEPT, THESE TERMS AND CONDITIONS OF SALE.   IF YOU DO NOT AGREE, DO NOT PROCEED WITH PURCHASE OF ANY OF THE PRODUCTS ON THIS WEBSITE.  BY PURCHASING PRODUCT(S) ON THIS WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS HEREIN. 

 

FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL, INCONSISTENT, AND/OR CONFLICTING TERMS OR PROVISIONS IN ANY ORDER, RELEASE, ACCEPTANCE OR OTHER CORRESPONDENCE UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY FORTINET'S GENERAL COUNSEL, AND IN NO EVENT SHALL FORTINET BE DEEMED TO HAVE ACCEPTED ANY TERMS IN YOUR PURPORTED OFFER OR OFFER DOCUMENTS.

 

1.   Delivery.  You will select the shipment method and pay for shipment of the product(s).  Delivery shall be ExWorks Sunnyvale, CA Incoterms® 2010 origin.  Risk of loss or damage shall be born by you the buyer.

2.   Disclaimer of Warranties.  THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCTS.  ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INGRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY DISCLAIMED.  FORTINET MAKES NO REPRESENTATIONS, COMMITMENTS OR WARRANTIES WHATSOEVER THROUGH ANY PRODUCTS, DATA SHEETS, SOLUTION BRIEFS, OR BROCHURES THAT YOU PURCHASE, WHETHER TO YOU OR TO ANY OTHER PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS AND WARRANTIES.

3.   Limitation of Liability. IN NO EVENT WILL FORTINET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED.  WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, IN NO EVENT WILL FORTINET BY LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS.

4.   No Return Rights and No Refunds.  All sales are final and the product is not returnable.  For clarity, notwithstanding anything to the contrary, you cannot return the products or receive any refund on the products.

5.   IP Ownership.  Fortinet retains all right, title, and interest in the trademarks and copyrights associated with the products. You acknowledge that no title to the intellectual property is transferred to you and you will not acquire any rights to the trademarks or copyrights except for the license as expressly set forth herein

6.   Marks.  You agree to comply with all legends that appear on or in the Products and not to remove or destroy any copyright, logo, trademark, trade name, proprietary markings, or confidentiality legends placed upon contained within Products, containers or documentation supplied by Fortinet to you under this Agreement.

7.   Import/ Export Controls.  You acknowledge that the Product, technical data, and performance of the Services (received from Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and import controls including but not limited to the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any United States or Territory law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, and export controls imposed by the U.S. Export Administration Act of 1979 as amended, and the United States Foreign Corrupt Practices Act.  You expressly agree that, without the prior written authorization of Fortinet and the United States Government, you shall not, and shall cause its representatives (if any) not to (a) export, re-export, divert or transfer Fortinet's Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from Fortinet's Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by the United States export controls.  You agree that none of the Product is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical/biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. This list is subject to change without further notice from Fortinet, and you must comply with the list as it exists in fact. You hereby certify that you and your Customers and End-Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the EU license free zone.  You are solely responsible for compliance with any import or use restrictions in your country. 

8.   Governing Laws; Miscellaneous.  This Agreement shall be governed by the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard to the principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods.  Any controversies or claims arising from or relating to this Agreement, or the breach thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally settled by the rules of International Chamber of Commerce, Incoterms. The place of arbitration shall be in Santa Clara, California, United States of America. Award for such dispute will be rendered by a single, neutral, mutually agreeable arbitrator.  If any action or proceeding is commenced to enforce this Agreement or any right arising in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the reasonable attorneys fees, costs and expenses incurred by such prevailing party in connection with such action or proceeding.

   California Proposition 65

Attention California Residents:

The State of California's Proposition 65 requires Fortinet to notify customers that products made available on this website may expose the consumer to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

WARNING: This product may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

WARNING (Electrical Cords): The wires of this product may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Wash hands after handling.

For more information about Proposition 65, please see http://www.oehha.ca.gov/prop65/background/p65plain.html.