FortiPartner's use of the Marks shall be subject to the terms and conditions contained in Fortinet's trademark guidelines to which FortiPartner hereby agrees to be bound. Free Product Demo; SUPPORT Agreement. Agreement or any right arising in connection with this Agreement, the prevailing party in such action or CONFIDENTIAL INFORMATIONmeans any information disclosed by one Party (DISCLOSING PARTY) to the other Party (RECEIVING PARTY) which: (a) if disclosed in writing or electronically, is labeled as proprietary or confidential at the time of disclosure; (b) if disclosed orally, is identified as proprietary or confidential at the time of such disclosure, and is then summarized in a writing provided to the Receiving Party within one (1) month of the date of such disclosure; or (c) by its nature is confidential and would be judged so under a reasonable standard, or is disclosed or provided under circumstances reasonably indicating it is confidential or proprietary. to export or re-export as may be required. Monetize security via managed services on top of 4G and 5G. PURPORTED OFFER OR OFFER DOCUMENTS. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY CLAIM THAT ARISES FROM OR RELATES IN ANY WAY TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION ALLEGED, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND. Monetize security via managed services on top of 4G and 5G. This Agreement may be executed by facsimile or scanned signatures. http://www.oehha.ca.gov/prop65/background/p65plain.html. OPAQ assumes no responsibility or liability whatsoever for any Third Party Services. license free zone. If the applicable Subscription Service fails to achieve the service levels so specified, then Customer will be entitled, as its sole and exclusive remedy, to a credit for the applicable Subscription Service in accordance with the terms set forth in the SLA, provided, that (i) Customer notifies OPAQ in writing of any such service failures within fifteen (15) days of its occurrence and (ii) Customer is not delinquent on any payment obligations to OPAQ. Sale of Goods. United States or Territory law, regulation or order, including, without limitation, tax, export and endstream endobj 80 0 obj <>stream PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS DISCLAIMED. I want to receive news and product emails. Santa Clara, California, United States of America. 8.3EXCEPT AS OTHERWISE EXPRESSLY REPRESENTED OR WARRANTED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE DOCUMENTATION, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY OPAQ ARE PROVIDED AS IS, AND OPAQ DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND/OR DATA ACCURACY. 0000001528 00000 n The foregoing obligations will not restrict a Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, that the Party required to make such disclosure provides reasonable notice to the other Party to enable them to contest such order or requirement, unless such Party is prevented from doing so by force of law. 0000002747 00000 n Any controversies or claims arising from or relating to this Agreement, or the breach The Services may include, without limitation, Subscription Services (including delivery of Licensed Materials), Support Services and Non-Recurring Services, each as defined in this Agreement. 342 0 obj 5.3 Onsite Services. If Customer relocates or changes the place of the Service provided under any Order, Customer will pay all additional installation and related charges associated with such relocation. fortinet terms and conditions of sale . Countries subject to U.S. embargo settled by the rules of International Chamber of Commerce, Incoterms. by purchasing this product and accepting this click-through agreement, you agree to be bound by, and accept . ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, 5.2 Connectivity. The following standard terms and conditions apply to Fortinet purchase orders for procurement: Purchase Order Terms & Conditions. regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any 0000002420 00000 n MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INGRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY OPAQ SHALL NOT BE LIABLE, IN CONTRACT, TORT OR ANY OTHER THEORY FOR: (A) UNAUTHORIZED ACCESS, ALTERATION, THEFT, CORRUPTION OR DESTRUCTION OF OR TO CUSTOMERS OR ITS END USERS OR OTHER PARTIES COMPUTER FILES, DATABASES, NETWORK, TRANSMISSION FACILITIES OR EQUIPMENT; OR (B) THE CONTENT, ACCURACY OR COMPLETENESS OF ANY CUSTOMER CONTENT TRANSMITTED THROUGH THE SERVICES. Gartner is a registered trademark and service mark of Gartner, Inc. and/or its affiliates, and is used herein with permission. Proscribed expenses incurred by such prevailing party in connection with such action or proceeding. 5. Customer hereby assigns in whole to OPAQ (without charge or royalty) any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Customer related to the Services (collectively, FEEDBACK). THESE TERMS AND CONDITIONS, TOGETHER WITH AN ORDER, FORM THE "AGREEMENT" BETWEEN OPAQ NETWORKS, INC. A DELAWARE CORPORATION WITH ITS HEADQUARTERS LOCATED AT 2553 DULLES VIEW DRIVE, SUITE 100, HERNDON, VIRGINIA 20171 ("OPAQ"), AND THE CUSTOMER IDENTIFIED ON THE ORDER ("CUSTOMER"). OPAQ may, at any time and without any liability to Customer, suspend an end users access to the Subscription Services in the event OPAQ reasonably believes that such end user has violated any provision of this Agreement. Award for such dispute will be rendered by a single, 1.2 Non-Recurring Services. entered into and to be performed entirely within California between California residents, without regard the United States export controls, or (b) disclose any data derived from Fortinet's Product or any direct United States export controls. 4.1 Fees Payable. proceeding shall be entitled to recover from the other party the reasonable attorneys fees, costs and Unless otherwise stated, OPAQs fees do not include any applicable sales, use, or similar taxes, assessable by any local, state, provincial, federal or foreign jurisdiction, but excluding taxes on OPAQs income or assets (collectively, TAXES). Artificial Intelligence for IT Operations, Workload Protection & Cloud Security Posture Management, Application Delivery and Server Load-Balancing, Digital Risk Protection Service (EASM|BP|ACI), Content Security: AV, IL-Sandbox, credentials, Security for 4G and 5G Networks and Services. Export Administration Regulations, 15 C.F.R. OPAQ, for itself and on behalf of its licensors, reserves all rights in and to the Services that are not expressly granted to Customer in this Agreement. Customer agrees to pay all fees, expenses and amounts stated in each Order (FEES) at such times as the Order requires. [email protected]. Void where prohibited by law. (c) The Subscription Services (including all Licensed Materials delivered hereunder) may be used only by employees or contractors of Customer who are acting on Customers behalf in the internal operation of its business (AUTHORIZED END USERS). is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to If any action or proceeding is commenced to enforce this edit <name> set filename {string} set name {string} set timestamp {integer} set url {string} next end If an Order does not specify a payment date, Customer will make all payments no later than thirty (30) days from the date set forth on OPAQs invoice. Each Party represents and warrants that the individual executing this Agreement on its behalf has the requisite power and authority to sign this Agreement on behalf of such Party. PRODUCTS, DATA SHEETS, SOLUTION BRIEFS, OR BROCHURES THAT YOU PURCHASE, WHETHER TO YOU OR TO ANY OTHER 11. You agree that none of the Product Customer hereby grants to OPAQ a non-exclusive license to use, store, process, analyze and transmit Customer Content during the Subscription Term as reasonably necessary to perform the Services in accordance with this Agreement. Customers sole remedy in the event of a breach of this warranty shall be for OPAQ to re-perform the Non-Recurring Services at no cost to Customer, provided, that Customer notifies OPAQ in writing of any such deficiency within fifteen (15) business days of delivery of the applicable Non-Recurring Service. EN. This list is subject to change without further PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS OPAQ may use and disclose data regarding Customers use of the Services or included in Customers accounts, so long as any use and disclosure of such data outside of OPAQ is aggregated with other data collected by OPAQ so that it cannot be identified with Customer or an Authorized End User. 12.1 Legal Compliance; Restricted Rights. CAUSED. Fortinet legal information and terms and conditions. be, ExWorks Sunnyvale, CA Incoterms 2010 origin. it sets forth the legally binding rights and obligations of the customer in relation to forticare support or fortiguard subscription services or other fortinet service All details required must be provided to EXN - Full name . 11.1 Term. config wireless-controller hotspot20 h2qp-terms-and-conditions Description: Configure terms and conditions. these terms and conditions apply to the provision of services by fortinet and exclusively govern the legal relationship between you (the customer) and fortinet. All Rights Reserved. Fortinet Championship reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Fortinet Championship rules. You agree to comply with all legends that appear on or in the Products and not to remove or Product or any direct product thereof to any destination, company or person restricted or prohibited by 0 THIS AGREEMENT BECOMES . endstream endobj 77 0 obj <> endobj 78 0 obj <> endobj 79 0 obj <>stream 12.8 Security. 6. Except as set forth on an Order, Customer is responsible for procuring and operating all computer systems, software, and telecommunications services required to meet the minimum technical specifications necessary to access and use the Subscription Services via the Platform. 12.4 Assignment. Customer may only access the Subscription Services during the Subscription Term and may only use the Subscription Services for its internal business purposes. 12.5 Force Majeure. . destroy any copyright, logo, trademark, trade name, proprietary markings, or confidentiality legends VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES. Except as specifically set forth in this Agreement, OPAQ owns all rights, title and interest in and to the Services. Fortinet support is only available for products that you purchased directly from an authorized Fortinet channel partner. If OPAQ elects to pay or collect any such Taxes, the appropriate amount of such Taxes shall be invoiced to and paid by Customer unless Customer provides OPAQ with a valid tax exemption certificate authorized by the appropriate taxing authority. The rights granted to Customer in Section 1 are subject to and contingent on Customers compliance with the restrictions set forth in this Section 2.1. available on this website may expose the consumer to chemicals known to the State of California to cause You acknowledge that the Product, technical data, and performance of the Services (received from 6. additional restrictions, including restrictions on distribution to government end-users outside the EU In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. %%EOF Santa Clara, California, United States of America. thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally Additionally, the following applies to all Fortinet Vendors/Suppliers: Vendor/Supplier Code of Conduct. Our privacy policy is provided so that you can make informed choices about which products to use and how to use them, located here:Privacy Policy, The following terms and conditions apply to all Fortinet sales directly, if and when applicable:Sales Order Acknowledgment, 10. 0000000836 00000 n 12.9 General. Delivery. 4.2 Excess Utilization Charges. MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INGRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY %PDF-1.5 % of 1979 as amended, and the United States Foreign Corrupt Practices Act. Certain product with encryption functions may be subject to Users are not permitted to use these Marks without the prior written consent of Fortinet or such third party which may own the Mark. 4.3 Additional Charges for Late Payments. Protect your 4G and 5G public and private infrastructure and services. "Fortinet," "FortiGate," "FortiContent," "FortiOS," "FortiBIOS," and "FortiASIC" are either registered trademarks or trademarks of Fortinet Corporation in the United States and/or other countries. hb```f``2c`a`dg@ ~r,^"wxIFhkN``aj Governing Laws; Miscellaneous. 3.3 Feedback. Any discrepancies shall be promptly disclosed to and remedied by Customer. Please contact Fortinet Marketing at [email protected] if you would like to know the specific value of the gift. 4. [email protected]. if you do not agree to all of the terms of this agreement, do not start the installation process or use the products. shall cause its representatives (if any) not to (a) export, re-export, divert or transfer Fortinet's 0000001224 00000 n Import/ Export Controls. 0000000016 00000 n <> thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally For clarity, notwithstanding All Fortinet products are subject to the terms of Fortinets End User License Agreement. to the principles of conflict of laws or the United Nations Convention on Contracts for the International be ExWorks Sunnyvale, CA Incoterms 2010 origin. 0000006453 00000 n Purchase Order Terms and Conditions for Vendors/Suppliers; Vendor/Supplier Code of Conduct, The following standard terms and conditions apply to Fortinet purchase orders for procurement:Purchase Order Terms & Conditions, Additionally, the following applies to all Fortinet Vendors/Suppliers:Vendor/Supplier Code of Conduct. 0000001405 00000 n Fortinet Online Store. 12.2 Governing Law; Severability. are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. <>stream product thereof to any national of any country when such disclosure is restricted or prohibited by the Export Administration Act Customer agrees that OPAQ may disclose this relationship as part of its quarterly earnings announcements and include Customers name in a representative customer list. countries are set forth in the U.S. BOUND BY, AND ACCEPT, THESE TERMS AND CONDITIONS OF SALE. The State of California's Proposition 65 requires Fortinet to notify customers that products made 4.4 Suspension of Services. 3. 5.1 Acceptable Use of the Service. Except as set forth in this Section 1.1(b), nothing in this Agreement may be interpreted as an implied license or to require OPAQ to deliver a copy of any software or other product utilized by OPAQ to provide the Subscription Services. The initial connection of the product with Fortinet, registration of the product at Fortinet or 60 (US/Canada) or 100 days (International) after product is shipped from Fortinet. Delivery shall 2.1 Restrictions. IP Ownership. please read carefully the terms and conditions of sale between you and fortinet, inc. and/or its subsidiaries ("fortinet"). Such notices will be effective upon receipt, which may be shown by confirmation of delivery. Fortinet . (a) Breach. import controls including but not limited to the U.S. hb```b``)a`e` B@16 lZ/[/# PMu+p-,MN$TcSA`YD5. 7. The following rules and regulations apply to all visitors to or users of this Web Site, to Fortinet, Inc. ("Fortinet") end users, Fortinet channel partners, or to Fortinet vendors and suppliers as set forth below. You will select the shipment method and pay for shipment of the product(s). 0000002080 00000 n All warranty disclaimers, use restrictions and provisions relating to OPAQs intellectual property ownership, shall survive the termination or expiration of this Agreement. 8.1 Mutual Representations. Customer acknowledges and agrees that: (a) OPAQ is only agreeing to provide Customer a right to terminate for convenience conditioned upon Customers payment of the Termination Fee, and that absent payment of the Termination Fee, Customer shall have no right to terminate this Agreement or any Order under this Section 11.2(c); (b) OPAQ will incur considerable consequences and losses in the event Customer terminates this Agreement for convenience prior to the expiration of the Subscription Term; (c) such consequences and losses would be difficult, if not impossible to estimate; and (d) the Termination Fee is a reasonable pre-estimate of the consequences and losses that OPAQ would actually incur in the event Customer terminates this Agreement early. Participant understands and ag rees that Fortinet reserves the right to cancel Participant's participation in FORTINET PARTNER SYNERGY at any time and without refund or any additional compensation, in the event Participant violates any of the terms of this Terms and Conditions. @ 2022 Fortinet. Within thirty (30) days of expiration or termination of this Agreement for any reason, Customer shall return the Appliances to OPAQ, per OPAQs shipping instructions. 0000005745 00000 n DISCLAIMED. . Copyright 2022 Fortinet, Inc. All Rights Reserved. 0000011627 00000 n EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM FORTINET. This Agreement, including its exhibits (all of which are incorporated herein), are collectively the Parties complete agreement regarding its subject matter, superseding any prior oral or written communications. The restrictions set forth in this Section 7 shall not apply to the identities of the Parties, or to any Confidential Information that: (i) was or becomes available to the public other than by a breach of the Agreement by the Receiving Party; (ii) was rightfully received by Receiving Party without confidential or proprietary restriction from a third party who has a right to disclose it; (iii) was independently developed by the Receiving Party without access to or use of the Disclosing Partys Confidential Information; (iv) was known to the Receiving Party at the time of disclosure, without confidential or proprietary restriction; (v) was produced in compliance with applicable law or a court order; provided, that the Disclosing Party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production; or (vi) was approved by the Disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized representative of the Disclosing Party. WILL BE DEEMED TO HAVE ACCEPTED THE TERMS HEREIN. Customer agrees to pay all Fees, without offsets or other deductions, no later than the date when they are due. if you do not agree to the provisions of this agreement, Customer shall use the Services and provide the Customer Content in compliance with all applicable laws and regulations and in compliance with OPAQs Acceptable Use Policy, accessible at opaqnetworks.com/aupand incorporated herein by reference. Any controversies or claims arising from or relating to this Agreement, or the breach Read ourprivacy policy. No Purchase Necessary. The Receiving Party shall use the same standards to protect the Confidential Information of the Disclosing Party as it affords its own such information, but in no event less that the highest commercially reasonable degree of care. Gift Card Terms & Conditions. https://www.fortinet.com/partners/partner-program/find-a-partner.html. Fortinet retains all right, title, and interest in the trademarks and copyrights associated with Excess Utilization Charges are due in addition to any recurring charges. Registry . Fortinet hereby authorizes you to copy materials published by Fortinet on this Web Site solely for non-commercial use within your organization (or if you are a FortiPartner, your customer's organization) in support of Fortinet products. I understand I may proactively opt out of communications with Fortinet at any time. Toolkits include our co-marketing, pipeline building program which is designed to jump start sales and marketing activities with turn-key content and lead generation campaigns. OPAQ will not be liable for any delay or failure due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, and force majeure events and other causes beyond OPAQs reasonable control. ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, IN NO EVENT WILL FORTINET BY LIABLE FOR THE COST OF EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, SFP28 connector (s) 9.80ft. endstream endobj startxref California Transparency in Supply Chains Act of 2010: All Fortinet partners, such as distributors, resellers, alliance partners, and their employees, independent contractors, and agents agree to conduct themselves in a legal and ethical manner and in line with Fortinets Partner Code of Conduct located here:Fortinet Partner Code of Conduct, Fortinets policy on anti-bribery and anti-corruption is located here: Fortinet Anti-Corruption Policy. By accessing this Web Site, user acknowledges acceptance of relevant terms and conditions. regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. I consent to receive promotional communications (which may include phone, email, and social) from Fortinet. WITH PURCHASE OF ANY OF THE PRODUCTS ON THIS WEBSITE. z|D \C`>b6X 2,vrpS}O^%*#.bmK}6qtW+eyT9'1LRVy{$e3@IAkd4B 4/)IpDj F9> b%JHxzdu7Yz<=P]Xqe&7Y*[*b>*sU.76S'L`NP* a^xWf9yllvJ? F*7a]ReMEVE=_@p`4V4NUF+4Yeqrq|^nYQqa&(8c&@z8wC |?0ed=E.tFj F^(k9x':v&J7I_D+k#w:%SNX&0Bz!|-v/bo4Yw */\WoEby-c0KVWp \?hs.6{ Upon the earlier of (a) acceptance of a Fortinet purchase order or this Agreement, (b) shipment of Goods against a Fortinet purchase order, and (c) commencement of Services in accordance with a Fortinet purchase order, Vendor shall be bound by THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR 3.2 Systems Use. . You The Receiving Party shall not disclose any Confidential Information of the Disclosing Party to any third party without the express written consent of the Disclosing Party (except solely for Receiving Partys internal business needs, to employees or consultants who have a need to know such information and who are bound by a written agreement or professional obligation to restrict the disclosure and use of such Confidential Information in a manner consistent with the Agreement). 0000003982 00000 n This Agreement shall be governed by the laws of the State of California, as applied to agreements WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS AND WARRANTIES. . Compliance with Participant's Employer's Policies Customer is solely responsible for any Third Party Services that it installs or uses with the Services. The Parties agree that, to the extent any Customer purchase order or similar document contains terms or conditions that conflict with, are different from or in addition to this Agreement, such terms and conditions shall be void and have no effect, and the provisions of this Agreement shall control. For more information about Proposition 65, please see 12.6 Counterparts. defects or other reproductive harm. 7. Each party represents and warrants (i) that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; (ii) that the execution and performance of this Agreement will not conflict with or violate any provision of any law having applicability to such party; and (iii) that this Agreement, when executed and delivered, will constitute a valid and binding obligation of such party and will be enforceable against such party in accordance with its terms. Customer may not assign or otherwise transfer this Agreement to any third party without OPAQs prior written consent, which consent shall not be unreasonably withheld. Breach of terms or rules will terminate your license to attend the event without refund. Customer is responsible, and OPAQ shall have no liability, for paying all Taxes applicable to Customers purchases hereunder. Either Party shall have the right to terminate this Agreement immediately upon written notice in the event the other Party (i) becomes insolvent, (ii) becomes subject to a petition in bankruptcy filed by or against it that is not dismissed within thirty (30) days of the filing of such petition, (iii) is placed under the control of a receiver, liquidator or committee of creditors, or (iv) dissolves, ceases to function as a going concern or to conduct its business in the normal course. The place of arbitration shall be in Customer agrees not to challenge, directly or indirectly, the right, title, and interest of OPAQ in and to the Services, and further agrees not to directly or indirectly, register, apply for registration, or attempt to acquire any legal protection for any of the Services. The following rules and regulations apply to all visitors to or users of this Web Site, to Fortinet, Inc. (Fortinet) end users, Fortinet channel partners, or to Fortinet vendors and suppliers as set forth below. 1. . 0000007761 00000 n OPAQ does not endorse any Third Party Services and disclaims all warranties for the Third Party Services. They are pre-configured with an application specific code to meet the requirement set forth by the router and switch OEMs. settled by the rules of International Chamber of Commerce, Incoterms. cancer and birth defects or other reproductive harm. PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE BETWEEN YOU AND FORTINET, INC. Fortinet's trademark guidelines are available Last Updated January 2019 Fortinet Confidential FortiPartner Agreement v.6 at the Fortinet Partner Extranet and may be . Except for the specific rights granted by the Agreement, the Receiving Party shall not use any Confidential Information of the Disclosing Party for its own account. Any Third Party Services utilized by Customer as part of the Services are subject to separate terms and conditions, which may include separate fees and charges, even if OPAQ acts as an ordering and billing agent and includes such fees and charges on its invoices to Customer. xref No other use of the information is authorized. 5.4 Appliances. OPAQ DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY OPAQ WILL MEET CUSTOMERS REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. 0000008991 00000 n 2.2 Intellectual Property. ANY SUCH PURPORTED COMMITMENTS ARE NULL AND VOID, NOT BINDING, AND OF NO EFFECT. Except as expressly provided in any written license agreement from Fortinet, the furnishing of this website or documents contained in this website does not give you any license to these patents, trademarks, copyrights or other intellectual property. Any notices under this Agreement will be personally delivered or sent by certified or registered mail, return receipt requested, or by nationally recognized overnight express courier, to the address specified in this Agreement or such other address as a Party may specify in writing. Disclaimer of Warranties. Sale of Goods. To find an authorized Fortinet channel partner for your purchase, please visithttps://www.fortinet.com/partners/partner-program/find-a-partner.html. Because Fortinet must respond to changing market conditions, the information contained on this web site should not be interpreted as a commitment on the part of Fortinet. WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS FORTINET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN THIS WEBSITE. Agree and acknowledge the terms and conditions before signing up * You acknowledge that no title to the intellectual property is transferred to you and you if you do not agree to the provisions of this agreement, EXCLUDING (i) CUSTOMERS OBLIGATION TO PAY FEES WHEN DUE UNDER ANY ORDER, (ii) EITHER PARTYS INDEMNFICATION OBLIGATIONS, AND (iii) EITHER PARTYS LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, THE CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY THE CUSTOMER FOR THE APPLICATION SERVICES DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. Copyright 2022 Fortinet, Inc. All Rights Reserved. Read ourprivacy policy. Warranty and Support activation is based on the earliest one of 3 events that need to occur. 11. Award for such dispute will be rendered by a single, You agree to comply with all legends that appear on or in the Products and not to remove or I want to receive news and product emails. FORTINET MAKES NO REPRESENTATIONS, COMMITMENTS OR WARRANTIES WHATSOEVER THROUGH ANY %%EOF This Agreement will be in effect as of the effective date set forth on an Order and continue until the Subscription Terms under all Orders have expired, unless terminated sooner as provided herein. Fortinet has a privacy policy, incorporated herein, designed to let you know what information we collect when you use our website and our products and services, including why we collect it, and how we safeguard it. without the prior written authorization of Fortinet and the United States Government, you shall not, and NOTWITHSTANDING ANYTHING TO THE CONTRARY, THERE ARE NO RIGHTS OF RETURN UNLESS EXPRESSLY STATED PURSUANT TO AN AGREEMENT IN ADVANCE APPROVED PURSUANT TO FORTINETS PROCESSES AND SIGNED BY THE COMPANYS GENERAL COUNSEL OR VICE PRESIDENT OF LEGAL. These rules and regulations apply to all visits to the Fortinet Web Site, both now and in the future. SUBSIDIARIES ("FORTINET"). In the case of any violation of these rules and regulations, Fortinet reserves the right to seek all remedies available by law and in equity for such violations. OPAQ may make available to Customer certain third-party products or services, as set forth in an Order or provided in conjunction with the Services (THIRD PARTY SERVICES). 0000002524 00000 n 7. Fortinet subject to these Terms and Conditions ("Agreement"). Without limiting the foregoing, Customer agrees not to use the Service in connection with any: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, or violation of the rights of privacy or publicity of any person or entity; or (c) other offensive, harassing, or illegal conduct. 0000005029 00000 n Where the Services require access to Customers facilities, (i) Customer will grant OPAQ and its agents and contractors access to and use of Customers facilities to the extent reasonably necessary for the testing, installation, connection, removal, and maintenance of equipment, facilities, and systems relating to the Services; and (ii) Customer agrees to reimburse OPAQ for all actual travel and related expenses incurred by OPAQ in providing Services at such facilities. Customer will reasonably cooperate with OPAQ in such an exercise and provide OPAQ with reasonable access to Customers personnel, facilities and systems to enable OPAQs audit. This Agreement shall be binding upon and inure to the benefit of the Parties successors and permitted assigns. Warranty: Limited Lifetime. IN NO EVENT WILL FORTINET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR FORTINET DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. US Purchase Order Terms & Conditions - Fortinet. y&y-4Ef~c>SM7-{ (@n K3E|{VEP}[Z2iB4iU<>. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR Agreement. FORTINET R Fortigate 1500D Dc FG-1500D-DC-BDL-964-36 TRANSITION NETWORKS DS3-T3/E3 ION SLIDE-IN-MODULE, (2) COAX (BNC) TO SFP SLOT C6210-3040 COMTROL DEVICEMASTER UP, 1P VDC MODBUS, 99501-2 All Appliances shall remain the exclusive property of OPAQ or its suppliers, as applicable. If any provision of this Agreement is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law, and the remainder of this Agreement shall remain in full force and effect. 0000004005 00000 n English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . In addition to its right to terminate this Agreement as set forth in Section 11, OPAQ may, at its sole discretion, delay delivery of the Services, suspend Customers access to and use of the Subscription Services, and/or suspend Support in the event Customer fails to timely pay all outstanding and past due invoices, until Customer has paid the full balance owed, plus any interest due in accordance with Section 4.2. OPAQ reserves and retains all right, title and interest in, and ownership of, the Licensed Materials. FORTINET MAKES NO REPRESENTATIONS, COMMITMENTS OR WARRANTIES WHATSOEVER THROUGH ANY STATUTORY, REGARDING THE PRODUCTS. WARNING. OPAQ has the sole discretion to design and provision the underlying infrastructure as it deems necessary to provision the Services pursuant to this Agreement. AND WARRANTIES. http://www.oehha.ca.gov/prop65/background/p65plain.html. You are solely responsible for compliance with any import or use restrictions in Agreement or any right arising in connection with this Agreement, the prevailing party in such action or Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and United States export controls. OPAQ does not control and is not responsible for the content, accuracy, completeness, consistency, integrity, legality, reliability and appropriateness of Customer Content and Customer is solely responsible for its use of all such content. This information system is the property of Fortinet. Customer shall ensure that no more than one Authorized End User will have access to or will use each Authorized End User login credentials. Amendments or changes to this Agreement must be in writing and signed by an authorized representative of each Party to be effective. View FortiCareTermsAndConditions.pdf from AA 1 Fortinet Service Terms & Conditions For FortiCare, FortiGuard and other Fortinet Service Offerings THESE TERMS AND CONDITIONS APPLY TO THE 0000010316 00000 n neutral, mutually agreeable arbitrator. Customer shall not rearrange, disconnect, modify, tamper with, attempt to repair, or otherwise interfere with the Appliances, nor shall Customer permit any third party to do so. Risk of loss or damage shall be born by you the buyer. Limitation of Liability. Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and anything to the contrary, you cannot return the products or receive any refund on the products. 0000003749 00000 n startxref All sales are final and the product is not returnable. You expressly agree that, All Rights Reserved. 0 By accessing this Web Site, user acknowledges acceptance of relevant terms and conditions. 0000003414 00000 n Fortinet retains all right, title, and interest in the trademarks and copyrights associated with Customer shall be fully responsible for compliance with this Agreement by, as well as the acts and omissions of, all users who access the Subscription Services under their Authorized End User login credentials or through Customers systems, to the full extent as if such end users are employees or agents acting on Customers behalf within the scope of their duties. 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