provided in exchange for Fortinet maintaining current business or for new business opportunities, and (c) the Products and/or services are not being
received for the benefit of, and are not being transferred to, any government entity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software
documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software and accompanying documentation by the United States Government shall be governed solely by the
terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement and its successors.
12. Tax Liability.
You agree to be responsible for payment of any sales or use taxes imposed at any time on this transaction.
13. General Provisions.
Except as specifically permitted and required in section 5 (“Transfer”) above, you agree not to assign this Agreement or transfer any of the rights or
obligations under this Agreement without the prior written consent of Fortinet. This Agreement shall be binding upon, and inure to the benefit of, the
successors and permitted assigns of the parties. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded.
This Agreement and other Fortinet agreements may be amended or supplemented only by a writing that refers explicitly to the agreement signed on
behalf of both parties, or, for this Agreement, as otherwise expressly provided in the lead-in above Section 1 above, provided, notwithstanding anything
to the contrary and except for this Agreement which may be amended or updated as expressly provided in the lead-in above Section 1 above, for any
amendment or other agreement to be binding on Fortinet, such amendment or other agreement must be signed by Fortinet’s General Counsel. No
waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver
is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall
continue in full force and effect. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
14. Privacy.
Fortinet’s collection, use, protection and transfer of your personal information is governed by the Fortinet privacy policy on the Fortinet web site
(http://www.fortinet.com/aboutus/privacy.html).
15. Open Source Software.
Fortinet’s products may include software modules that are licensed (or sublicensed) to the user under the GNU General Public License, Version 2, of
June 1991 (“GPL”) or GNU Lesser General Public License, Version 2.1, of February 1999 (“LGPL”) or other open source software licenses which, among
other rights, permit the user touse, copy, modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access
to the source code (“Open Source Software”). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to
someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under
the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that Fortinet provide
rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take
precedence over the rights and restrictions herein. Fortinet will provide, for a charge reflecting our standard distribution costs, the complete machine-
readable copy of the modified software modules. To obtain a complete machine-readable copy, please send your written request, along with a check
in the amount of US $25.00, to General Public License Source Code Request, Fortinet, Inc., 899 Kifer Rd, Sunnyvale, CA 94086 USA. In order to receive
the modified software modules, you must also include the following information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e)
Product purchased (if applicable), (f) Product Serial Number (if applicable). All open source software modules are licensed free of charge. There is no
warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software modules “AS-IS” without warranty
of any kind, either expressed or implied. In no event will the copyright holder for the open source software be liable to you for damages, including
any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised
of the possibility of such damages. A full copy of this license, including additional open source software license disclosures and third party license
disclosures applicable to certain Fortinet products, may obtained by contacting Fortinet’s Legal Department at legal@fortinet.com.
GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the
terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either
the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with
modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee
is addressed as “you”.
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program
is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been
made by running the Program). Whether that is true depends on what the Program does.
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