fortinet terms and conditions

Countries subject to U.S. embargo . Each party hereby agrees that any and all causes of action between the parties arising from or in relation to this Agreement shall be brought exclusively in the state and federal courts located within the Commonwealth of Virginia. 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). 8. This Agreement shall be governed by the laws of the State of California, as applied to agreements 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. You acknowledge that no title to the intellectual property is transferred to you and you defects or other reproductive harm. Attendees must register by Tuesday, December 15th 7:00pm EST. thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally 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. 4.3 Additional Charges for Late Payments. BY PURCHASING PRODUCT(S) ON THIS WEBSITE, YOU STATUTORY, REGARDING THE PRODUCTS. to the principles of conflict of laws or the United Nations Convention on Contracts for the International 0000002248 00000 n 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. 12.8 Security. 0000002747 00000 n With respect to any claim, demand or action for which an indemnity is provided under this section, the party to be indemnified (the INDEMNIFIED PARTY) shall: (i) give prompt written notice to the indemnifying party (the INDEMNIFYING PARTY) of the claim, demand or action for which an indemnity is sought (provided, however, that failure of Indemnified Party to provide such notice will not release the Indemnifying Party from any of its indemnity obligations except to the extent that the Indemnifying Partys ability to defend such claim is prejudiced thereby), (ii) reasonably cooperate in the defense or settlement of any such claim, demand or action, at the expense of the Indemnifying Party; and (iii) give the Indemnifying Party sole control over the defense or settlement of any such claim; provided, however, the Indemnifying Party shall not enter into any settlement without the Indemnified Partys express consent that (1) assigns, imparts or imputes fault or responsibility to the Indemnified Party or its affiliates, (2) includes a consent to an injunction or similar relief binding upon the Indemnified Party or its affiliates, (3) fails to contain reasonable confidentiality obligations protecting the confidentiality of the settlement, or (4) provides for relief other than monetary damages that the Indemnifying Party solely bears. Disclaimer of Warranties. OPAQ Terms & Conditions. 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. 5.2 Connectivity. EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER countries are set forth in the U.S. Customer may only access the Subscription Services during the Subscription Term and may only use the Subscription Services for its internal business purposes. these terms and conditions apply to the provision of services by fortinet and exclusively govern the legal relationship between you (the "customer") and fortinet. ANY SUCH PURPORTED COMMITMENTS ARE NULL AND VOID, NOT BINDING, AND OF NO EFFECT. (a) OPAQ agrees to defend or settle any claim brought against Customer by an unaffiliated third party arising from (i) OPAQs gross negligence or willful misconduct, or (ii) allegations that Customers use of the Services as authorized by this Agreement infringes such third partys patents issued as of the Effective Date, or alleging that such use infringes or misappropriates, as applicable, such third partys copyrights, trademarks or trade secret rights under applicable laws (an INFRINGEMENT CLAIM). With reasonable notice and not more frequently than once per calendar year (unless deficiencies are found, in which case as frequently as is required to ensure that deficiencies are eliminated), OPAQ may periodically carry out an audit of Customers facilities and systems to ensure Customers compliance with the terms of this Agreement. placed upon contained within Products, containers or documentation supplied by Fortinet to you under this CAUSED. Export Administration Regulations, 15 C.F.R. DISCLAIMED. Fortinet Online Store. Fortinet retains all right, title, and interest in the trademarks and copyrights associated with Parts Delivery shall expenses incurred by such prevailing party in connection with such action or proceeding. Customer will not create or allow any liens or other encumbrances to be placed on any such Appliances. PROCUREMENT OF SUBSTITUTE GOODS. Limitation of Liability. 7. 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. WITH PURCHASE OF ANY OF THE PRODUCTS ON THIS WEBSITE. foreign exchange laws, import controls, and export controls imposed by the U.S. 4. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL, INCONSISTENT, AND/OR CONFLICTING TERMS OR PROVISIONS IN 0000000836 00000 n Registry . Axiom compatible twinax cables perform, fit and . I want to receive news and product emails. 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. 0000003414 00000 n PST on June . 0000000016 00000 n 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 product thereof to any national of any country when such disclosure is restricted or prohibited by the OPAQs shall use and process the Customer Content in compliance with its Privacy Policy, accessible at opaqnetworks.com/privacyand incorporated herein by reference, and Customer consents to such use of Customer Content. The Parties are independent contractors for all purposes under this Agreement, and nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Parties. 316 0 obj hb```b``)a`e` B@16 lZ/[/# PMu+p-,MN$TcSA`YD5. You expressly agree that, Termination in accordance with this Agreement shall be without prejudice to any other rights or remedies of the Parties. 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. (d) OPAQ will provide the Subscription Services in accordance with the support and service level, viewable atopaqnetworks.com/sla(the SLA) and incorporated herein by reference. 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. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. 12.1 Legal Compliance; Restricted Rights. Certain product with encryption functions may be subject to Gartner is a registered trademark and service mark of Gartner, Inc. and/or its affiliates, and is used herein with permission. United States export controls. You acknowledge that the Product, technical data, and performance of the Services (received from Configure terms and conditions. %%EOF I consent to receive promotional communications (which may include phone, email, and social) from Fortinet. 12.5 Force Majeure. Except as specifically set forth in this Agreement, OPAQ owns all rights, title and interest in and to the Services. (b) Insolvency. Each Party agrees to comply with all applicable l Without limiting the foregoing, Customer agrees to comply with all U.S. export laws and applicable import laws of Customers locality (if Customer are not located in the United States), and Customer agrees not to export any Services without first obtaining all required authorizations or licenses. 0000007761 00000 n H|TMs0WQB_c these terms and conditions apply to the provision of services by fortinet and exclusively govern the legal relationship between you (the customer) and fortinet. Import/ Export Controls. 9.3 Indemnification Procedures. If the Non-Recurring Services involve the delivery of any work product, developments, inventions, technology or materials (collectively, DELIVERABLES) except to the extent that such Deliverables include Customer Content or Customers Confidential Information (as hereinafter defined), OPAQ shall retain ownership of all Deliverables. 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. 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. 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, 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. entered into and to be performed entirely within California between California residents, without regard 12.6 Counterparts. You agree that none of the Product 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. Product or any direct product thereof to any destination, company or person restricted or prohibited by 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. 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. OPAQ agrees to provide the services as identified in an Order (collectively, the SERVICES). Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Fortinet or any third party. If Customer fails to make any payment when due, OPAQ will have the right, without prejudice to any other remedies it may have, to charge an additional fee equal to one-and-one-half percent (1.5%) of the overdue amount for each full or partial month that the amount remains unpaid. Export Administration Act anything to the contrary, you cannot return the products or receive any refund on the products. Fortinet legal information and terms and conditions. 0000011627 00000 n if you do not agree to the provisions of this agreement, 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 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. 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. 12.9 General. are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. By accessing this Web Site, user acknowledges acceptance of relevant terms and conditions. You acknowledge that the Product, technical data, and performance of the Services (received from shall cause its representatives (if any) not to (a) export, re-export, divert or transfer Fortinet's SeeUS/CanadaandEMEA/APAC/LATAMwarranty policy for further details. Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Customer further agrees that OPAQ may use Customers corporate name and logo in OPAQs marketing materials, including identification on the OPAQ website, and, subject to Customers review, issue a press release indicating that Customer has elected to use Services. THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR 2.3 Audit. the United States export controls, or (b) disclose any data derived from Fortinet's Product or any direct English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . They are pre-configured with an application specific code to meet the requirement set forth by the router and switch OEMs. the United States export controls, or (b) disclose any data derived from Fortinet's Product or any direct Customer shall ensure that no more than one Authorized End User will have access to or will use each Authorized End User login credentials. WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS hbbd``b`$ $@dD\'] ! You hereby certify that you EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM FORTINET. PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS Except as otherwise specified in an Order, the Subscription Term under an Order will automatically renew for successive twelve-month periods unless either party gives the other party notice of non-renewal at least 60 days before the end of the Access Term (each, a RENEWAL TERM). +Eg5oX$[l6$[t/5lXM o the products. Where Customers actual use of the Subscription Services during the measurement period exceeds the usage quantities stated on the Order, OPAQ will invoice Customer for the excess utilization of the Subscription Services, at the excess utilization rates set forth in the Order (the EXCESS UTILIZATION CHARGES). DISCLAIMED. apac_partners@fortinet.com. y&y-4Ef~c>SM7-{ (@n K3E|{VEP}[Z2iB4iU<>. Customer shall defend or settle any claim brought against OPAQ by an unaffiliated third party arising from (i) Customers gross negligence or willful misconduct; or (ii) Customers breach of Sections 2.1 or 5. 2. Fortinet intends the information contained in this Web Site to be accurate and reliable. chemical/biological weapons, or missile projects unless authorized by the U.S. Government. . List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. The following standard terms and conditions apply to Fortinet purchase orders for procurement: Purchase Order Terms & Conditions. to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. 91 0 obj <>/Filter/FlateDecode/ID[<82B63BB27F9C7840B03A4C724BE68B83>]/Index[76 28]/Info 75 0 R/Length 80/Prev 97616/Root 77 0 R/Size 104/Type/XRef/W[1 2 1]>>stream Compliance with Participant's Employer's Policies Software License, Service Terms & Conditions and End User License Agreement: Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to thisEnd User License Agreement. The terms and conditions of the Agreement, non-public information regarding the Services (including, without limitation, any source code), and any Feedback, is the Confidential Information of OPAQ. Agreement or any right arising in connection with this Agreement, the prevailing party in such action or 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. Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and Subject to Customers strict compliance with the terms of this Agreement, OPAQ hereby grants to Customer a non-exclusive, non-transferable, non-sublicensable right and license to use the Licensed Materials during the Subscription Term, solely for Customers internal business operations. You acknowledge that no title to the intellectual property is transferred to you and you 4.4 Suspension of Services. This Agreement shall be binding upon and inure to the benefit of the Parties successors and permitted assigns. PROCUREMENT OF SUBSTITUTE GOODS. @ 2022 Fortinet. The State of California's Proposition 65 requires Fortinet to notify customers that products made Governing Laws; Miscellaneous. The place of arbitration shall be in As between the Parties, Customer owns all data, imagery, information and other content transmitted by or on behalf of Customer in connection with the Services (the CUSTOMER CONTENT). THIS AGREEMENT BECOMES . is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to Please enable Javascript to use this application Delivery. Delivery shall Customers right to use the Licensed Materials is strictly limited to the use restrictions set forth in the Order. Customer shall provide to OPAQ the Customer Content in compliance with applicable laws and shall, at its own expense, obtain all licenses, consents or other permissions from appropriate third parties as may be necessary for OPAQs use of the Customer Content as contemplated by this Agreement. No Return Rights and No Refunds. Products not purchased from an authorized Fortinet channel partner are not eligible, and will not be supported. Attention California Residents: Unauthorized or improper use of this system may result in administrative disciplinary action, and/or civil charges/criminal penalties. Santa Clara, California, United States of America. 4.5 Tax Responsibilities. proceeding shall be entitled to recover from the other party the reasonable attorneys fees, costs and 5. 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 OPAQ assumes no responsibility or liability whatsoever for any Third Party Services. OPAQ shall be under no obligation to perform Non-Recurring Services until an Order or statement of work in relation thereto has been mutually executed. will not acquire any rights to the trademarks or copyrights except for the license as expressly set forth 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. ), to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists, or. 0000007081 00000 n The place of arbitration shall be in 0000003982 00000 n PRODUCTS, DATA SHEETS, SOLUTION BRIEFS, OR BROCHURES THAT YOU PURCHASE, WHETHER TO YOU OR TO ANY OTHER 11. 6. 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. fortinet terms and conditions of sale . 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. For Questions about the Fortinet Partner Program please reach out to the Partners alias in your region: latam_partners@fortinet.com. (a) The Subscription Services will perform in accordance with its then-current SLA. 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. Protect your 4G and 5G public and private infrastructure and services. Amendments or changes to this Agreement must be in writing and signed by an authorized representative of each Party to be effective. If you have further questions please contact our Global Trade Compliance Department atexportalert@fortinet.com. without the prior written authorization of Fortinet and the United States Government, you shall not, and endobj This list is subject to change without further To participate in poker play you must register and attend the Fortinet SMB Summit Webinar to be held on Thursday, December 17, 2020 at 2:00pm EST. However, errors may occasionally occur. cancer and birth defects or other reproductive harm. 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. Confidential Information shall remain the sole property of the Disclosing Party. Therefore, all information and materials are provided "AS IS" without any warranty of any kind. 11. import controls including but not limited to the U.S. 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. 3.2 Systems Use. All details required must be provided to EXN - Full name . represents agreement to the terms herein, as amended or updated from time to time in fortinet's discretion by fortinet publishing an amended or updated version. license free zone. 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, Read ourprivacy policy. Void where prohibited by law. to export or re-export as may be required. Breach of terms or rules will terminate your license to attend the event without refund. 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 offerings. Export Administration Regulations, 15 C.F.R. destroy any copyright, logo, trademark, trade name, proprietary markings, or confidentiality legends 342 0 obj You are solely responsible for compliance with any import or use restrictions in Except as specifically set forth herein, all fees are non-refundable and all Services are non-cancellable. California Proposition 65 OPAQ does not endorse any Third Party Services and disclaims all warranties for the Third Party Services. Please contact Fortinet Marketing at SMB_ChannelMarketing@fortinet.com if you would like to know the specific value of the gift. You will select the shipment method and pay for shipment of the product(s). All Rights Reserved. of 1979 as amended, and the United States Foreign Corrupt Practices Act. All Rights Reserved. For clarity, notwithstanding Monetize security via managed services on top of 4G and 5G. This website is for informational purposes only. 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. Read ourprivacy policy. FORTINETS DEAL REGISTRATION PROGRAM - EMEA REGION General Terms & Conditions v 3.0 April 2021 2 values shall not be calculated based on an entire End-Customer account, but shall be strictly and solely assessed on a per-project basis. 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. 5.4 Appliances. (a) During the Subscription Term set forth on an Order (the SUBSCRIPTION TERM), OPAQ agrees to provide Customer with access to OPAQs proprietary software known as OPAQ360, as further described in the Order (the SUBSCRIPTION SERVICES). Any Non-Recurring Services to be provided will be included in an Order, with additional terms set forth in a statement of work, as applicable. 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. Excess Utilization Charges are due in addition to any recurring charges. IF YOU DO NOT AGREE, DO NOT PROCEED 11.1 Term. 0000001528 00000 n 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. xref . 0000002080 00000 n Access to the Subscription Services will be through one or more websites designated by OPAQ (the PLATFORM). and your Customers and End-Users are not on the U.S. Department of Commerce's Denied Persons List, Entity US Purchase Order Terms & Conditions - Fortinet. 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. THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR http://www.oehha.ca.gov/prop65/background/p65plain.html. California to cause cancer and birth defects or other reproductive harm. and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and such advertiser. By accessing this Web Site, user acknowledges acceptance of relevant terms and conditions. For more information about Proposition 65, please see Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and . THIS AGREEMENT BECOMES BINDING WHEN CUSTOMER AND OPAQ HAVE MUTUALLY EXECUTED AN ORDER, INSERTION ORDER OR OTHER PURCHASING DOCUMENT FOR SERVICES PROVIDED BY OPAQ (EACH, AN ORDER). Customer agrees to pay all Fees, without offsets or other deductions, no later than the date when they are due. 500H+ABV!m.kJx,:Ccs4#w E>@ B~> Parts EN. All notices to OPAQ shall be sent to the attention of the Chief Financial Officer (unless otherwise specified in writing by OPAQ). 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. herein. All rights, title and interest in and to any and all upgrades, improvements, modifications, derivative works and innovations involving the Services will be retained in full and owned by OPAQ. Any trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Fortinet or other third parties. to the principles of conflict of laws or the United Nations Convention on Contracts for the International Fortinet may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in this document. 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. agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses 9.2 Indemnification of OPAQ. import controls including but not limited to the U.S. settled by the rules of International Chamber of Commerce, Incoterms. 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. 0000011859 00000 n Certain Fees are calculated based upon Customers utilization of the Subscription Services. The reseller organisation must have not transacted a Fortinet order with Exclusive Networks in the previous rolling 24 month period up to the date of the NFR order; The first 10 partners to place an NFR order will be eligible to win the summer goodie bags; Must be 18 year old or over. Access is limited to the scope and use restrictions set forth in the Order and subject to the terms and conditions of this Agreement. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. 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. WARNING (Electrical Cords): The wires of this product may contain chemicals known to the State of Any controversies or claims arising from or relating to this Agreement, or the breach STATUTORY, REGARDING THE PRODUCTS. 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). 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. 0000004005 00000 n entered into and to be performed entirely within California between California residents, without regard NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. destroy any copyright, logo, trademark, trade name, proprietary markings, or confidentiality legends OPAQ shall pay all amounts that are finally awarded against Customer based on any such claims by a court of competent jurisdiction or any amounts that OPAQ has agreed to pay in settlement of the relevant third-party claim. 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. THESE TERMS ARE A CONDITION TO YOUR PURCHASE AND APPLY TO YOUR Dealings with Advertisers Client's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such . 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. Cyber Readiness Center and Breaking Threat Intelligence:Click here to get the latest recommendations and Threat Research, Expand and grow by providing the right mix of adaptive and cost-effective security services. 4. EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER 0000002524 00000 n Customer agrees that OPAQ may disclose this relationship as part of its quarterly earnings announcements and include Customers name in a representative customer list. 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