Fortinet Product License Agreement / EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc., and other Fortinet names may also be trademarks, registered or
otherwise, of Fortinet. All other product or company names may be trademarks of their respective owners. Copyright © 2015 Fortinet, Inc., All Rights
reserved. Contents and terms are subject to change by Fortinet without prior notice. No part of this publication may be reproduced in any form or by
any means or used to make any derivative such as translation, transformation, or adaptation without permission from Fortinet, Inc., as stipulated by
the United States Copyright Act of 1976.
Product License Agreement
The parties to this agreement are you, the end customer, and either (i) where you have purchased your Product within the Americas, Fortinet, Inc.,
or (ii) where you have purchased your Product outside of the Americas, Fortinet Singapore Private Limited (each referred to herein as "Fortinet") .
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”). USE OR INSTALLATION OF FORTINET
PRODUCT(S) AND ANY UPDATES THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED
THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE "PRODUCTS") CONSTITUTES
ACCEPTANCE BY YOU OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION
BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR
CONFLICTING PROVISIONS IN ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR
VERBAL COMMUNICATION UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF FORTINET. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR
DAYS AFTER YOUR RECEIPT OF THE PRODUCTIMMEDIATELY NOTIFY THE FORTINET LEGAL TEAM IN WRITING AT LEGAL@FORTINET.COM OF
REQUESTED CHANGES TO THIS AGREEMENT.
1. License Grant.
This is a license, not a sales agreement, between you and Fortinet. The term "Software", as used throughout this Agreement, includes all Fortinet
and third party firmware and software provided to you with, or incorporated into, Fortinet appliances and any stand-alone software provided to you
by Fortinet, with the exception of any open source software contained in Fortinet’s Products which is discussed in detail in section 15 below, and the
term “Software” includes any accompanying documentation, any updates and enhancements of the software or firmware provided to you by Fortinet,
at its option. Fortinet grants to you a non-transferable (except as provided in section 5 ("Transfer") and section 15 ("Open Source Software") below),
non-exclusive, revocable (in the event of your failure to comply with these terms or in the event Fortinet is not properly paid for the applicable Product)
license to use the Software solely for your internal business purposes (provided, if a substantial portion of your business is to provide managed
service provider services to your end-customers, you may use the Software embedded in FortiGate and supporting hardware appliances to provide
those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and subject to any further
restrictions in Fortinet documentation, and solely on the Fortinet appliance, or, in the case of blades, CPUs or databases, on the single blade, CPU
or database on which Fortinet installed the Software or, for stand-alone Software, solely on a single computer running a validly licensed copy of the
operating system for which the Software was designed, or, in the case of blades, CPUs or databases, on a single blade, CPU or database. For clarity,
notwithstanding anything to the contrary, all licenses of Software to be installed on blades, CPUs or databases are licensed on a per single blade,
solely for one blade and not for multiple blades that may be installed in a chassis, per single CPU or per single database basis, as applicable. The
Software is "in use" on any Fortinet appliances when it is loaded into temporary memory (i.e. RAM). You agree that, except for the limited, specific
license rights granted in this section 1, you receive no license rights to the Software.
2. Limitation on Use.
You may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to, (a) modify,
translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, or distribute the Software; (b) rent or lease any
rights in the Software in any form to any third party or make the Software available or accessible to third parties in any other manner; (c) except as
provided in section 5, transfer assign or sublicense right to any other person or entity, or (d) remove any proprietary notice, labels, or marks on the
Software, Products, and containers.
3. Proprietary Rights.
All rights, title, interest, and all copyrights to the Software and any copy made thereof by you and to any Product remain with Fortinet. You
acknowledge that no title to the intellectual property in the Software or other Products is transferred to you and you will not acquire any rights to the
Software or other Products except for the specific license as expressly set forth in section 1 (“License Grant”) above.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement or in the
ordering documents, the term of the license is for the duration of Fortinet's copyright in the Software. Fortinet may terminate this Agreement, and the
licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement. You
agree that, upon such termination, you will cease using the Software and any Product and either destroy all copies of the Fortinet documentation or
return all materials to Fortinet. The provisions of this Agreement, other than the license granted in section 1 ("License Grant"), shall survive termination.
5. Transfer.
If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in
writing by Fortinet) the Software to one end user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives
a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in
this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations, and (iii) you
agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement
and therefore wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized reseller of Products, you are
not authorized to sell Product(s) or Software, but, regardless, by selling Product(s) or Software, you hereby agree you are bound by the restrictions
and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all
restrictions and obligations herein (ii) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (iii) comply with
all applicable United States export control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or
To Next Page
Loading...
