F90615 - Evaluation Agreement - Data System Vid SA de CV

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Internal Use Only

Evaluation #: ITF00544111
Opportunity ID #: 006Hr00001OcVLiIAN
Fortinet Evaluation Agreement (v7)

Customer Data System Vid SA de CV Ship To Company Name Data System Vid SA de CV
(Signatory) Ship To Address Parral 1724, Col. Mitras Centro
Bill To Address Parral 1724, Col. Mitras Centro City, State/Province Monterrey, Nuevo León
City, State/Province Monterrey, Nuevo León Zip/Postal Code 64460
Zip/Postal Code 64460 Country Mexico
Country Mexico Contact Name Esthela Álvarez G
Contact Name Esthela Álvarez G Contact Phone +5281 3250 3554
Contact Phone +5281 3250 3554 Contact Email ealvarez@dsysv.com.mx
Contact Email ealvarez@dsysv.com.mx

End User information


Company Name Data System Vid SA de CV
Website https://dsysv.com.mx/

Evaluation Sales Territory Americas


Customer Technical Contact Esthela Álvarez G Phone Number +5281 3250 3554
Email ealvarez@dsysv.com.mx
Fortinet Representative Involved Cielo Arredondo [carredondo@fortinet.com]

Evaluation Details

Name of Serial Description Quantity Manufacturer's Retail Price


Product/Unit Number per Unit (in US Dollars)
FSM-VM-50- 50 devices, 5K EPS, 10 Agents, 100 UEBA agents telemetry, 2
EVAL FortiGuard IOC and valid for 30 days.

Evaluation Criteria (Please detail the


scope of the evaluation project and
identify the objectives of the evaluation
such as feature or functionality
requirements for success.)
Estimation of Effort (Sales Engineer
Comments on anticipated effort to
support evaluation.)
Customer Responsibilities (This section
details any additional Customer
requirements related to the evaluation.)

TERMS AND CONDITIONS

This Evaluation Agreement (the "Agreement") is made between Fortinet, Inc., its subsidiaries and affiliated companies, with its principal
place of business located at 899 Kifer Road, Sunnyvale, CA 94086 ("Fortinet") and Data System Vid SA de CV (the “Customer”), a(n)
Corporation, having a principal place of business at the address set forth in the signature portion of this Agreement. THESE TERMS AND
CONDITIONS APPLY BETWEEN THE ENTITY SET FORTH HEREIN AND FORTINET, WHERE BOTH PARTIES CONSENT TO BE BOUND BY
THESE TERMS AND CONDITIONS UNDER THIS EVALUATION AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS,
YOU SHOULD NOT ACCEPT THE AGREEMENT AND SHOULD CONTACT LEGAL@FORTINET.COM TO REQUEST CHANGES TO THE
AGREEMENT. This Agreement is made between Fortinet and the Customer for the purpose of testing and evaluating Fortinet products

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YOU SHOULD NOT ACCEPT THE AGREEMENT AND SHOULD CONTACT LEGAL@FORTINET.COM TO REQUEST CHANGES TO THE
AGREEMENT. This Agreement is made between Fortinet and the Customer for the purpose of testing and evaluating Fortinet products
(described in the table above, hereinafter the “Product(s)”) for potential purchase:

1. CUSTOMER AGREEMENT TO PURCHASE OR RETURN. If the Products perform to specifications and expectations are met, Customer, if
located exclusively in the Americas, can purchase the Products placed at Customer’s address through a Fortinet authorized partner. For
the avoidance of doubt, Customer located outside the Americas is not able to purchase the evaluation Product and should buy new
Fortinet products through a Fortinet authorized partner only. Should the equipment not be purchased, Customer will be required to
return the Products in the same condition as they were received within ten (10) days from either the expiration of the Term or earlier
termination of the Agreement, or in the case of VM Products that are exclusively software where there is no product to return, to cease
use of such VM Products and destroy any and all software code and confidential information provided therewith, if any. Customer shall
remove any data stored in the Fortinet products and conduct a reset to factory default of the equipment before returning it to Fortinet.
Fortinet retains the right to remove any residual data stored in the returned equipment. If the Products are: (i) not returned (or in the
case of VM Products ceased use) within the specified time, or (ii) damaged or deemed non-sellable upon return, Customer will be billed
for the Retail Price of such Products. Sales kits containing networking accessories (i.e., networking cables and other accessories) may
also be provided with the Products (“Sales Kit”) for the Term of the Evaluation. The Customer shall also be billed for any damaged,
incomplete, or unreturned Sales Kits.

1.1 Return Locations. The Customer is required to ship returns at its expense to the Fortinet Logistic Center in your region as
shown below:
· In the Americas (except Canada):
Fortinet, Inc., Attn: Eval Returns – ITF# ITF00544111 , 1570 Atlantic Street, Union City, CA 94587, USA
· In Canada:
Fortinet Technologies (Canada), ULC , Attn: Eval Returns – ITF# ITF00544111 , Suite 160, 4190 Still Creek Drive, Burnaby,
British Columbia, Canada V5C 6C6
· In APAC:
Fortinet, Attn: Eval Returns - ITF# ITF00544111 , No.2 Lane 43 Shingbang Road, Taoyuan City, Taiwan 33, ROC
· In EMEA:
Fortinet EMEA Logistics Center, Attn: Eval Returns – ITF# ITF00544111 , 2740 route des Crètes, 06560 Valbonne, France
1.2 Additional Terms:
· Payment terms. Any payments owed by Customer shall be due net thirty (30) days from the date of Fortinet’s Invoice.
· Survival of Terms. The terms relating to payment, confidentiality, and reservations of right shall survive the termination of
this Agreement.
2. PERMITTED USES AND RESTRICTIONS. Fortinet hereby agrees to loan Customer Product(s) for testing and evaluation (either by
Customer or a third party evaluator) of the Products (“Evaluation”) only and solely for Customer to consider purchasing the Product(s) in
accordance with the terms and conditions of this Agreement (the “Purpose”). All Fortinet Products are shipped with and subject to the
terms and conditions in Fortinet’s current End User License Agreement (“EULA”) which can be found at: https://www.fortinet.com/doc
/legal/EULA.pdf.

3. TERM AND TERMINATION. This Agreement shall become effective upon Customer’s execution of this Agreement, and will continue
for a period of thirty (30) days from the date Fortinet ships the Products (the “Term”). Fortinet shall ship the equipment, Delivery At
Place (DAP), to the shipment address set forth above. Either party may terminate this Agreement at will prior to that date. At Fortinet’s
discretion, the Term may be extended, but any request to extend the Term must be made to and approved in writing by a Fortinet Sales
representative. In the case of VM Products, a new license must be obtained. Any such extensions are limited to a total of sixty (60) days
from the shipment date of the Products from Fortinet. Upon expiration of the Term Customer shall return any Product in its original
packaging along with any Sales Kit, Licensed Materials, and any other materials pertaining to the Products in accordance with Section 1
of this Agreement. Any obligation or promise by Fortinet to provide FortiCare (support and maintenance) or FortiGuard (subscription
services), collectively (“Services”) which are provided in connection with Fortinet’s Products under this Agreement shall terminate at the
conclusion of the Term.

4. RESERVATION OF RIGHTS. Fortinet retains all right, title, and interest in the Products and all materials delivered in connection with
such Products, including without limitation, all changes and improvements made, requested, or suggested by Customer. All results of
this Evaluation and any feedback shall be deemed to be confidential information and trade secrets of Fortinet, and may not be
disclosed by Customer to any third party without Fortinet’s written consent. At Fortinet’s request, Customer shall provide to Fortinet any
results of the Evaluation.

IN WITNESS WHEREOF, Customer hereby accepts the terms stated herein as of the date set forth below.

CUSTOMER

By:

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By:
(Signature)

Name: Esthela Guadalupe Álvarez Gloria

Title: Ing. en sistemas

Date: Feb 29, 2024

Phone: 8132503554

Fax:

* To be filled out only if a Fortinet Partner will take delivery of the Evaluation Product(s) on behalf of Customer*

Fortinet Partner Name: Data System Vid

FortiPartner Shipping Address: FortiPartner Billing Address: FortiPartner Technical Contact:


Parral 1724 Parral 1724 ealvarez@dsysv.com.mx

Shipping State, City, Postal Code: Billing State, City, Postal Code: FortiPartner Billing Contact:
Monterrey Nuevo León Soporte Data System Vid

Shipping Phone Number: Billing Phone Number: FortiPartner Sales Contact:


8132503554 8132822923 8113019594

THIRD PARTY SURETY. This Agreement may be executed by an existing Fortinet reseller, distributor, or other Fortinet partner
(hereinafter referred to as “FortiPartner”) on behalf of a third party evaluator (the “Customer”). By signing above in the space labeled
“Customer”, FortiPartner’s representative represents that he/she is authorized to bind FortiPartner and acknowledges and agrees that
is the responsibility of the FortiPartner to provide the Customer with Fortinet’s EULA and to ensure that the Customer is bound by and
abides by its terms. FortiPartner agrees to be fully liable to, and agrees to, indemnify Fortinet for any losses, claims expenses, costs or
liabilities that may arise from, or are in connection with, the Customer’s use of the Products under this Agreement or for Customer’s or
FortiPartner’s breach of Fortinet’s EULA. Furthermore, FortiPartner agrees that if the Products are not returned to Fortinet in
accordance with of the terms of this Agreement Fortinet is entitled to invoice Customer for such Products and FortiPartner shall ensure
that Customer shall be liable for payment in accordance with the terms of the Agreement. Further if Customer does not pay Fortinet
within thirty (30) days of invoice, Fortinet may invoice FortiPartner and FortiPartner shall pay Fortinet within thirty (30) days from such
invoice.

By accepting and agreeing to its terms, the submitting individual represents that he or she is authorized to bind the entity listed in full
to the terms in this Agreement. Customer or FortiPartner acknowledges and agrees that he/she has carefully read this Agreement and
fully understands and agrees to its contents. Customer or FortiPartner hereby acknowledges and agrees that it has had the opportunity
to negotiate the terms of this Agreement and request modifications. Further, each party represents that it has entered into this
Agreement without undue influence or unequal bargaining power, that each party is sophisticated and accepts responsibility for
entering this Agreement, and that each party is sophisticated in commercial matters and has had the opportunity to seek the advice of
counsel prior to executing this Agreement.

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Form Information

Form #
F00090615

From
Cielo Arredondo [carredondo@fortinet.com]

Signed By
Esthela Álvarez G [ealvarez@dsysv.com.mx]

Signed Date
Feb 29, 2024 07:40

Status
Signed (End)

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