Gartner is a registered trademark and service mark of Gartner, Inc. and/or its affiliates, and is used herein with permission. United States or Territory law, regulation or order, including, without limitation, tax, export and You agree that none of the Product shall cause its representatives (if any) not to (a) export, re-export, divert or transfer Fortinet's For more information about Proposition 65, please see EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER %PDF-1.5 % Agreement or any right arising in connection with this Agreement, the prevailing party in such action or 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 Export Administration Regulations, 15 C.F.R. The State of California's Proposition 65 requires Fortinet to notify customers that products made Gift Card Terms & Conditions. xref these terms are a condition to your purchase and apply to your purchase. (b) If an Infringement Claim is made or appears possible, Customer agrees to permit OPAQ, at OPAQs sole discretion, to: (i) enable Customer to continue to use the Services; (ii) to modify or replace any such infringing material to make it non-infringing; or (iii) require Customer to cease use of, and, if applicable, return, such materials as are the subject of the infringement claim, and in the case of this clause (iii), OPAQ shall in connection with such requirement refund unearned pro rata portion of fees attributable to the materials or portion of the Services with regard to which the use is discontinued. 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. Except as specifically set forth herein, all fees are non-refundable and all Services are non-cancellable. Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and You will select the shipment method and pay for shipment of the product(s). 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. Any controversies or claims arising from or relating to this Agreement, or the breach of 1979 as amended, and the United States Foreign Corrupt Practices Act. Fortinet may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in this document. 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. 2. 0000001224 00000 n Agree and acknowledge the terms and conditions before signing up * Monetize security via managed services on top of 4G and 5G. For clarity, notwithstanding I want to receive news and product emails. 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. OPAQ acknowledges that Feedback is provided AS IS and without warranty. California Transparency in Supply Chains Act of 2010: View Fortinet's Response to the Act. Excess Utilization Charges will be invoiced monthly in arrears. 12.1 Legal Compliance; Restricted Rights. Attendees must register by Tuesday, December 15th 7:00pm EST. 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. 4.4 Suspension of Services. these terms and conditions apply to the provision of services by fortinet and exclusively govern the legal relationship between you (the "customer") and fortinet. Santa Clara, California, United States of America. Free Product Demo; SUPPORT to the principles of conflict of laws or the United Nations Convention on Contracts for the International [email protected]. endobj 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. You will select the shipment method and pay for shipment of the product(s). However, errors may occasionally occur. Customer shall ensure that no more than one Authorized End User will have access to or will use each Authorized End User login credentials. countries are set forth in the U.S. Termination in accordance with this Agreement shall be without prejudice to any other rights or remedies of the Parties. %%EOF settled by the rules of International Chamber of Commerce, Incoterms. 7. 10. "Fortinet," "FortiGate," "FortiContent," "FortiOS," "FortiBIOS," and "FortiASIC" are either registered trademarks or trademarks of Fortinet Corporation in the United States and/or other countries. OPAQ grants to Customer a non-exclusive right and license to use the Deliverables solely for its internal business purposes. Such notices will be effective upon receipt, which may be shown by confirmation of delivery. ANY ORDER, RELEASE, ACCEPTANCE OR OTHER CORRESPONDENCE UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY Customer shall not authorize access to or permit use of the Subscription Services by persons other than Authorized End Users and Customer may not grant access to more users than the user count set forth on the Order. 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. PROCUREMENT OF SUBSTITUTE GOODS. <]/Prev 348669/XRefStm 1224>> endstream endobj startxref Fortinet . 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. PURCHASE. is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to . This Agreement shall be binding upon and inure to the benefit of the Parties successors and permitted assigns. Where available and applicable, OPQ Networks shall provide Customer with the results of any third party security audit (including without limitation SOC 2 Type II). 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. hb```f``2c`a`dg@ ~r,^"wxIFhkN``aj NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. You acknowledge that the Product, technical data, and performance of the Services (received from Limitation of Liability. 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). Compliance with Applicable Laws: Export Controls: The software and technical data on this web site is subject to the laws, regulations, orders or other restrictions regarding import to, and export and re-export from, various countries, including export and re-export restrictions that may be imposed by applicable laws of the United States. 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT IS ANY FORTINET SALES PERSON, INCLUDING, AMONG OTHERS, ANY SENIOR SALES EXECUTIVE OR COUNTRY, MULTI-COUNTRY OR REGIONAL MANAGER OR VICE PRESIDENT, AUTHORIZED TO BIND FORTINET IN ANY WAY TO ANY CONTRACTUAL OBLIGATIONS OR COMMITMENTS, ASSOCIATED WITH SALES OR PURCHASES OR OTHERWISE, IN RELATION TO RETURN RIGHTS, FUTURE DELIVERABLES, OR OTHERWISE. 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, 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 0000011627 00000 n This list is subject to change without further 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 notice from Fortinet, and you must comply with the list as it exists in fact. Attention California Residents: Fortinet in accordance with the terms hereunder) may be subject to United States or Territory export and Governing Laws; Miscellaneous. California Proposition 65 0000007081 00000 n Customer agrees to pay all fees, expenses and amounts stated in each Order (FEES) at such times as the Order requires. 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. SeeUS/CanadaandEMEA/APAC/LATAMwarranty policy for further details. By accessing this Web Site, user acknowledges acceptance of relevant terms and conditions. Copyright 2022 Fortinet, Inc. All Rights Reserved. (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. All Rights Reserved. 5.2 Connectivity. placed upon contained within Products, containers or documentation supplied by Fortinet to you under this startxref You hereby certify that you additional restrictions, including restrictions on distribution to government end-users outside the EU 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. OPAQ shall bear the cost of the audit except where a material discrepancy with a value of more than US$10,000 is discovered, whereupon Customer shall bear the cost of the audit. You acknowledge that the Product, technical data, and performance of the Services (received from 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). 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. if you do not agree to the provisions of this agreement, 7. 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). 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. Award for such dispute will be rendered by a single, 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. WARNING. 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. Any discrepancies shall be promptly disclosed to and remedied by Customer. 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. US Purchase Order Terms & Conditions - Fortinet. Acceptance of Terms. STATUTORY, REGARDING THE PRODUCTS. To find an authorized Fortinet channel partner for your purchase, please visithttps://www.fortinet.com/partners/partner-program/find-a-partner.html. Any trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Fortinet or other third parties. Compliance with Participant's Employer's Policies The place of arbitration shall be in All Fortinet products are subject to the terms of Fortinets End User License Agreement. 6. 342 0 obj FORTINET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN THIS WEBSITE. 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. 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. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: You are also agreeing not to download, transfer, export or re-export Fortinet products, technology or software to yourself, your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government. PROCUREMENT OF SUBSTITUTE GOODS. For clarity, notwithstanding thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INGRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY (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). DISCLAIMED. 0000002080 00000 n OPAQ may require Customer, as a condition to receiving Service, to use equipment supplied by OPAQ or its suppliers (APPLIANCES). 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. by purchasing this product and accepting this click-through agreement, you agree to be bound by, and accept . Import/ Export Controls. Registry . Customer is responsible, and OPAQ shall have no liability, for paying all Taxes applicable to Customers purchases hereunder. Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Agreement. <>stream You agree to comply with all legends that appear on or in the Products and not to remove or THE PRODUCTS ARE PROVIDED "AS-IS" AND FORTINET MAKES NO WARRANTIES, EXPRESS, IMPLIED OR http://www.oehha.ca.gov/prop65/background/p65plain.html. if you do not agree to all of the terms of this agreement, do not start the installation process or use the products. endstream endobj 80 0 obj <>stream . You expressly agree that, AND WARRANTIES. 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 IN NO EVENT WILL FORTINET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR 3. 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. 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. 0000007931 00000 n PRODUCTS, DATA SHEETS, SOLUTION BRIEFS, OR BROCHURES THAT YOU PURCHASE, WHETHER TO YOU OR TO ANY OTHER be, ExWorks Sunnyvale, CA Incoterms 2010 origin. Award for such dispute will be rendered by a single, FortiPartners can also find additional export control information at:https://partnerportal.fortinet.comin the "Notes and other Tools" Section by clicking on the Global Trade Compliance link. without the prior written authorization of Fortinet and the United States Government, you shall not, and 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. the United States export controls, or (b) disclose any data derived from Fortinet's Product or any direct PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS No Return Rights and No Refunds. 0000001528 00000 n Sale of Goods. 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. Fortinet subject to these Terms and Conditions ("Agreement"). Either Party may terminate this Agreement and all licenses granted by OPAQ to Customer hereunder upon thirty (30) days prior written notice if the other Party materially breaches this Agreement and does not cure such breach within thirty (30) days following receipt of notice specifying the breach. WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS 3.2 Systems Use. proscribed or embargoed countries or their nationals, nor be used for nuclear activities, hVmo0+q7GimQJ.x)!(Ig'!JT{G(@/.0! 3.3 Feedback. 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. 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). 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. 12. The information contained in this website represents the view of Fortinet, Inc. on the issues discussed as of the date of publication. 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. 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. 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. All details required must be provided to EXN - Full name . Export Administration Regulations, 15 C.F.R. 11. Customer may elect to order non-recurring services related to its purchase of the Subscription Services, which may include, without limitation, implementation, integration, installation or activation services, as further described in an Order (NON-RECURRING SERVICES). Please enable Javascript to use this application PARTNER OR CUSTOMER, AND FORTINET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, COMMITMENTS THIRD PARTY SERVICES. United States export controls. Customer will not create or allow any liens or other encumbrances to be placed on any such Appliances. 4.3 Additional Charges for Late Payments. foreign exchange laws, import controls, and export controls imposed by the U.S. edit <name> set filename {string} set name {string} set timestamp {integer} set url {string} next end All Rights Reserved. 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. Protect your 4G and 5G public and private infrastructure and services. 103 0 obj <>stream 0000003982 00000 n 5. license free zone. and any other terms, conditions, warranties or representations associated with such dealings, are solely between Member and such advertiser. Complies with MSA Standards. EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST SAVINGS, HOWEVER OPAQ Terms & Conditions. Export Administration Regulations. neutral, mutually agreeable arbitrator. 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. 0 Agreement. 0000005745 00000 n 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. 0000001405 00000 n 12.7 Publicity. herein. 4.5 Tax Responsibilities. agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses BY PURCHASING THIS PRODUCT AND ACCEPTING THIS CLICK-THROUGH AGREEMENT, YOU AGREE TO BE OPAQ assumes no responsibility or liability whatsoever for any Third Party Services. 2.3 Audit. EN. 0000010316 00000 n [email protected]. 7. All Appliances shall remain the exclusive property of OPAQ or its suppliers, as applicable. Fortinet will notify the winners of theprizes by 11:59p.m. Sale of Goods. regulations and orders, and agrees to commit no act which, directly or indirectly, would violate any (b) Insolvency. H|TMs0WQB_c CAUSED. 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. 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. The following standard terms and conditions apply to Fortinet purchase orders for procurement: Purchase Order Terms & Conditions. WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT FORTINET WAS 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. The place of arbitration shall be in 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. 8.1 Mutual Representations. Customer may only access the Subscription Services during the Subscription Term and may only use the Subscription Services for its internal business purposes. product thereof to any national of any country when such disclosure is restricted or prohibited by the BY PURCHASING PRODUCT(S) ON THIS WEBSITE, YOU Monetize security via managed services on top of 4G and 5G. 12.3 Notices. WITH PURCHASE OF ANY OF THE PRODUCTS ON THIS WEBSITE. 4. Axiom compatible twinax cables perform, fit and . Agreement or any right arising in connection with this Agreement, the prevailing party in such action or 12.6 Counterparts. PST on June . This Agreement shall be governed by the laws of the State of California, as applied to agreements 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. 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. 0000002420 00000 n Copyright 2022 Fortinet, Inc. All Rights Reserved. Products not purchased from an authorized Fortinet channel partner are not eligible, and will not be supported. will not acquire any rights to the trademarks or copyrights except for the license as expressly set forth 0 https://www.fortinet.com/partners/partner-program/find-a-partner.html. [email protected]. import controls including but not limited to the U.S. 5.3 Onsite Services. List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. 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. MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INGRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY (d) Effect of Termination. entered into and to be performed entirely within California between California residents, without regard 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. 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 expenses incurred by such prevailing party in connection with such action or proceeding. 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. PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF SALE BETWEEN YOU AND FORTINET, INC. thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally I want to receive news and product emails. 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. proceeding shall be entitled to recover from the other party the reasonable attorneys fees, costs and cancer and birth defects or other reproductive harm. This Agreement shall be governed by the laws of the State of California, as applied to agreements 12.8 Security. expenses incurred by such prevailing party in connection with such action or proceeding. You are solely responsible for compliance with any import or use restrictions in 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. Santa Clara, California, United States of America. anything to the contrary, you cannot return the products or receive any refund on the products. 2.1 Restrictions. English Deutsch Franais Espaol Portugus Italiano Romn Nederlands Latina Dansk Svenska Norsk Magyar Bahasa Indonesia Trke Suomi Latvian Lithuanian esk . 316 27 please read carefully the terms and conditions of sale between you and fortinet, inc. and/or its subsidiaries ("fortinet"). All notices to OPAQ shall be sent to the attention of the Chief Financial Officer (unless otherwise specified in writing by OPAQ). 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. 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 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. entered into and to be performed entirely within California between California residents, without regard 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. 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. LIMITATION OF LIABILITY. 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. 0000002747 00000 n ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, 0000002524 00000 n They are pre-configured with an application specific code to meet the requirement set forth by the router and switch OEMs. OPAQ has the sole discretion to design and provision the underlying infrastructure as it deems necessary to provision the Services pursuant to this Agreement. 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. 9.2 Indemnification of OPAQ. 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. 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. 1. Fortinet retains all right, title, and interest in the trademarks and copyrights associated with 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. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. proceeding shall be entitled to recover from the other party the reasonable attorneys fees, costs and 0000005029 00000 n 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. 500H+ABV!m.kJx,:Ccs4#w E>@ B~> ), 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. your country. config wireless-controller hotspot20 h2qp-terms-and-conditions Description: Configure terms and conditions. You agree to comply with all legends that appear on or in the Products and not to remove or This website is for informational purposes only. 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). Risk of loss or damage shall be born by you the buyer. 4.2 Excess Utilization Charges. Axiom Twinax Direct Attach Cables (DAC) are 100% compatible in all OEM applications. the products. Customer shall pay all amounts that are finally awarded against OPAQ based on any such claims by a court of competent jurisdiction or any amounts that Customer has agreed to pay in settlement of the relevant third-party claim. 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. Please contact Fortinet Marketing at [email protected] if you would like to know the specific value of the gift. Product or any direct product thereof to any destination, company or person restricted or prohibited by 0000011859 00000 n Gartner is a registered trademark and service mark of Gartner, Inc. and/or its affiliates, and is used herein with permission. shall cause its representatives (if any) not to (a) export, re-export, divert or transfer Fortinet's and your Customers and End-Users are not on the U.S. Department of Commerce's Denied Persons List, Entity chemical/biological weapons, or missile projects unless authorized by the U.S. Government. 9.3 Indemnification Procedures. 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. California to cause cancer and birth defects or other reproductive harm. 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. Breach of terms or rules will terminate your license to attend the event without refund. 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. Delivery. without the prior written authorization of Fortinet and the United States Government, you shall not, and 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 . Certain Fees are calculated based upon Customers utilization of the Subscription Services. 11. THESE TERMS ARE A CONDITION TO YOUR PURCHASE AND APPLY TO YOUR Fortinet legal information and terms and conditions. (b) As part of the Subscription Services, OPAQ may deliver to Customer certain hardware, software, documentation or Appliances (as hereinafter defined) that are owned or licensed by OPAQ (the LICENSED MATERIALS). 12.2 Governing Law; Severability. AND/OR ITS No other use of the information is authorized. 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. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. WARNING (Electrical Cords): The wires of this product may contain chemicals known to the State of 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. herein. 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. 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. the products. 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. FORTINET MAKES NO REPRESENTATIONS, COMMITMENTS OR WARRANTIES WHATSOEVER THROUGH ANY 0000007761 00000 n <> Warranty: Limited Lifetime. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, (c) OPAQ will have no obligation to indemnify where the alleged infringement, violation or misappropriation arises, in whole or in part, from: (i) modification of any OPAQ product or services; (ii) combination, operation or use of any OPAQ products or service with other software, hardware, systems or technologies not provided by OPAQ or explicitly authorized by the Documentation; (iii) Customers breach of Sections 2.1 or 5; or (iv) Customers use of the Services other than in accordance with the Documentation. Customer and OPAQ agree that this Agreement is not governed by the U.N. Convention on Contracts for the International Sale of Goods. I consent to receive promotional communications (which may include phone, email, and social) from Fortinet. Fortinet intends the information contained in this Web Site to be accurate and reliable. destroy any copyright, logo, trademark, trade name, proprietary markings, or confidentiality legends FORTINET'S GENERAL COUNSEL, AND IN NO EVENT SHALL FORTINET BE DEEMED TO HAVE ACCEPTED ANY TERMS IN YOUR 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). endstream endobj 77 0 obj <> endobj 78 0 obj <> endobj 79 0 obj <>stream SFP28 connector (s) 9.80ft. 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. (b) OPAQ further represents and warrants that all Non-Recurring Services shall be provided in a professional and workmanlike manner, in accordance with industry standards. 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). 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. Excess Utilization Charges are due in addition to any recurring charges. 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. 4.1 Fees Payable. to export or re-export as may be required. %PDF-1.5 % 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. 0000004005 00000 n . IN NO EVENT WILL FORTINET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR Except as specifically set forth in this Agreement, OPAQ owns all rights, title and interest in and to the Services. Export Administration Act All Rights Reserved. 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. to, or to a national or resident of: Cuba, Iran, North Korea, Syria, and the Crimea Region of Ukraine or to any other country embargoed or restricted by the U.S. (This list is subject to change, and you must comply with the proscribed lists as they exist in fact. neutral, mutually agreeable arbitrator. Export Administration Act 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. 1.2 Non-Recurring Services. 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{ ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, IN NO EVENT WILL FORTINET BY LIABLE FOR THE COST OF (a) The Subscription Services will perform in accordance with its then-current SLA. You acknowledge that no title to the intellectual property is transferred to you and you 4. 0000000836 00000 n 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. Additionally, the following applies to all Fortinet Vendors/Suppliers: Vendor/Supplier Code of Conduct. Home Contact Us Privacy Cookie Settings Contact Us Privacy Cookie Settings Customers right to use the Licensed Materials is strictly limited to the use restrictions set forth in the Order. Effective immediately upon expiration or termination of this Agreement, (i) Customer shall cease, and shall direct its Authorized End Users to cease use of the Services; (ii) neither party will have continuing rights to use any Confidential Information of the other party or to exercise any intellectual property rights having been granted to it by the other party under this Agreement; (iii) if a party has payment obligations that have accrued but remain unpaid at the time of expiration or termination, the party will make payment in full within ten (10) business days after the expiration or termination; and (iv) Customer shall return any Appliances in its possession in accordance with Section 5.4 of this Agreement. Member agrees that Fortinet Community and its representatives . FORTINET MAKES NO REPRESENTATIONS, COMMITMENTS OR WARRANTIES WHATSOEVER THROUGH ANY available on this website may expose the consumer to chemicals known to the State of California to cause 316 0 obj Product or any direct product thereof to any destination, company or person restricted or prohibited by 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. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL, INCONSISTENT, AND/OR CONFLICTING TERMS OR PROVISIONS IN This Agreement may be executed by facsimile or scanned signatures. 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. Fortinet support is only available for products that you purchased directly from an authorized Fortinet channel partner. In the event of a security breach that results in unauthorized destruction, loss, alteration or theft of, or unauthorized access to, Customer Data or Customer Content (each such incident, a SECURITY BREACH,) OPQ shall notify Customer as soon as reasonably practicable to Customers primary business contact, describing the Security Breach with reasonable specificity. 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. 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. hb```b``)a`e` B@16 lZ/[/# PMu+p-,MN$TcSA`YD5. Therefore, all information and materials are provided "AS IS" without any warranty of any kind. Unauthorized or improper use of this system may result in administrative disciplinary action, and/or civil charges/criminal penalties. 12.5 Force Majeure. (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). THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. if you do not agree to the provisions of this agreement, 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"). 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