9. Limitation of Liability.
TO THEMAXIMUM EXTENT PERMITTED BYLAW AND NOTWITHSTANDINGANYTHINGTOTHE CONTRARY, FORTINET ISNOT LIABLE
UNDER ANYCONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLETHEORYFOR ANY
LOSSOF USEOF THE PRODUCT OR SERVICEOR ANYDAMAGESOF ANYKIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGESFOR LOSSOF GOODWILL, LOSSOF PROFIT, LOSSOF
OPPORTUNITY, LOSSOR DAMAGERELATED TO USE OF THE PRODUCT OR SERVICEIN CONNECTION WITH HIGH RISKACTIVITIES, DE-
INSTALLATION AND INSTALLATION FEESAND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORKSTOPPAGE, COMPUTER
FAILUREOR MALFUNCTION, COMPUTER SECURITYBREACH, COMPUTER VIRUSINFECTION, LOSSOF INFORMATION OR DATA
CONTAINED IN, STORED ON, OR INTEGRATED WITH ANYPRODUCT INCLUDINGANYPRODUCT RETURNED TOFORTINET FOR
WARRANTYSERVICE) RESULTING FROM THEUSE OF THE PRODUCT, RELATING TO WARRANTYSERVICE, OR ARISING OUT OF ANY
BREACH OF THE LIMITED WARRANTYIN SECTION 6 ABOVE, EVEN IF FORTINET HASBEEN ADVISED OF THE POSSIBILITYOF SUCH
DAMAGES. THE SOLE REMEDYFOR ABREACH OF THE LIMITED WARRANTYISREPAIR, REPLACEMENT OR REFUND OF THEDEFECTIVE
OR NON-CONFORMING PRODUCT ASSPECIFICALLYSTATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Productsmaybe subjectto the United StatesExportAdministration Regulationsand other importand exportlaws;
diversion contraryto United Stateslaw and regulation isprohibited. You agree to complywith allapplicable internationaland nationallawsthat
applyto the Productsaswellasend user, end-use, and destination restrictionsissued byU.S. and othergovernments. Foradditionalinformation
on U.S. export controlssee www.bis.doc.gov. Fortinetassumesno responsibilityorliabilityforyourfailure to obtain anynecessaryimportand
exportapprovals, and Fortinet reservesthe rightto terminate orsuspend shipments, servicesand supportin the eventFortinet hasa reasonable
basisto suspect anyimportorexportviolation. You represent thatneither the United StatesBureau of Industryand Securitynoranyother
governmentalagencyhasissued sanctionsagainstyou orotherwise suspended, revoked ordenied yourexportprivileges. You agree not to use
or transferthe Productsforanyuse relating to nuclear, chemicalorbiologicalweapons, ormissile technology, unlessauthorized bythe United
StatesGovernment byregulation orspecific written license. Additionally, you agree notto directlyorindirectlyexport, importor transmit the
Productscontraryto the lawsorregulationsof anyothergovernmentalentitythathasjurisdiction oversuch export, import,transmission oruse.
Furthermore, you represent that you understand, and you herebyagree to complywith, allrequirementsof the U.S. Foreign CorruptPractices
Actand allotherapplicable laws. Forbeta, testing, evaluation, donation orfree Productsand/orrelated services, you herebyagree, represent
and warrant to Fortinet that(a) receiptof the Productsand/orservicescomplywith allpoliciesand you have obtained allnecessaryapprovalsfor
such Productsand/orservices, (b) the Productsand/orservicesare notprovided in exchange forFortinet maintaining current businessorfornew
businessopportunities, and (c) the Productsand/orservicesare not being received for the benefitof, and are not being transferred to, any
governmententity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be "commercialcomputersoftware" and "commercialcomputersoftware
documentation," respectively, pursuantto DFAR Section 227.7202 and FAR Section 12.212, asapplicable. Anyuse, modification,
reproduction, release, performance, displayordisclosure of the Software and accompanying documentation bythe United StatesGovernment
shallbe governed solelybythe termsof thisAgreementand shallbe prohibited exceptto the extent expresslypermitted bythe termsof this
Agreement and itssuccessors.
12. Tax Liability.
You agree to be responsible forpayment of anysalesoruse taxesimposed at anytime on thistransaction.
13. General Provisions.
Exceptasspecificallypermitted and required in section 5 (“Transfer”) above, you agree not to assign thisAgreement ortransferanyof the rights
or obligationsunderthisAgreement without the priorwritten consent of Fortinet. ThisAgreement shallbe binding upon, and inure to the benefit
of, the successorsand permitted assignsof the parties. The United NationsConvention on Contractsforthe InternationalSalesof Goodsis
expresslyexcluded. ThisAgreement and other Fortinetagreementsmaybe amended orsupplemented onlybya writing that refersexplicitlyto
the agreementsigned on behalf of both parties, or, forthisAgreement, asotherwise expresslyprovided in the lead-in above Section 1 above,
provided, notwithstanding anything to the contraryand exceptforthisAgreementwhich maybe amended orupdated asexpresslyprovided in
the lead-in above Section 1 above, foranyamendment orotheragreementto be binding on Fortinet, such amendment orotheragreement
mustbe signed byFortinet’sGeneralCounsel. No waiverwillbe implied from conductor failure to enforce rightsnoreffective unlessin a writing
signed on behalf of the partyagainst whom the waiverisasserted. If anypartof thisAgreementisfound unenforceable, thatpartwillbe enforced
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