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.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain
and use personal information supplied, including name, address, and e-mail address of
individuals and payment details and other information. Personal information will be used
primarily to provide services and product functionality to end users. Fortinet may also use
personal information for additional communication, subject to an opt-out notice provided
by you in writing per below. Fortinet may engage other companies and individuals to
perform functions on its behalf, such as payment processing, order fulfillment, marketing
programs and customer service. Fortinet may share personal information with such
subcontractors in order to perform these and other functions, but such subcontractors
may not use your personal information for other purposes, unless you agree. By entering
into this Agreement, you agree and consent to the transfer the supplied personal
information to Fortinet’s offices in the United States and elsewhere, for the purposes
stated above. For more detailed information on the collection, use and transfer of your
personal information, and for information on how to opt out of or unsubscribe from the
communications described above, please read the Fortinet privacy policy on the Fortinet
web site (www.Fortinet.com).
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 soft-
ware 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 mod-
ules “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.
1. You may copy and distribute verbatim copies of the Program’s source code as you
receive it, in any medium, provided that you conspicuously and appropriately publish on
each copy an appropriate copyright notice and disclaimer of warranty; keep intact all
the notices that refer to this License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along with the Program. You may
charge a fee for the physical act of transferring a copy, and you may at your option offer
warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming
a work based on the Program, and copy and distribute such modifications or work under
the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed
the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part
contains or is derived from the Program or any part thereof, to be licensed as a whole at
no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must
cause it, when started running for such interactive use in the most ordinary way, to print
or display an announcement including an appropriate copyright notice and a notice that
THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90)
DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS
EXPRESSLY COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE
ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PROD-
UCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING
TO THE CONTRARY, THE HARDWARE WARRANTY PERIOD DISCUSSED ABOVE
DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTIFONE
WHICH HAS A NINETY (90) DAY LIMITED WARRANTY AND FORTITOKEN WHICH HAS
A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINET’S FACILI-
TIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET
PRODUCTS, INCLUDING FORTIGATE-ONE AND VDOM SOFTWARE.
The warranty in Section 6 above does not apply if the Software, Product or any other
equipment upon which the Software is authorized to be used (a) has been altered,
except by Fortinet or its authorized representative, (b) has not been installed, operated,
repaired, or maintained in accordance with instructions supplied by Fortinet, (c) has been
subjected to abnormal physical or electrical stress, misuse, negligence, or accident;
(d) is licensed for beta, evaluation, donation, testing or demonstration purposes or for
which Fortinet does not charge a purchase price or license fee. In the case of beta,
testing, evaluation, donation or free Software or Product, the end user acknowledges
and agrees that such Software or Product may contain bugs or errors and could cause
system failures, data loss and other issues, and the end user agrees that such Software
or Product is provided “as-is” without any warranty whatsoever, and Fortinet disclaims
any warranty or liability whatsoever. An end user’s use of evaluation or beta Software or
Product is limited to thirty (30) days from original shipment unless otherwise agreed in
writing by Fortinet.
8. Governing Law.
Any disputes arising out of this Agreement or Fortinet’s limited warranty shall be
governed by the laws of the state of California, without regard to the conflict of laws
principles. In the event of any disputes arising out of this Agreement or Fortinet’s limited
warranty, the parties submit to the jurisdiction of the federal and state courts located in
Santa Clara County, California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING
ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR
EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT OR SERVICE
OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR
DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH
HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOP-
PAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH,
COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN,
STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT
RETURNED TO FORTINET FOR WARRANTY SERVICE) RESULTING FROM THE USE
OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY
BREACH OF THE LIMITED WARRANTY IN SECTION 6 ABOVE, EVEN IF FORTINET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY
FOR A BREACH OF THE LIMITED WARRANTY IS REPAIR, REPLACEMENT OR
REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY
STATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Products may be subject to the United States Export Adminis-
tration Regulations and other import and export laws; diversion contrary to United States
law and regulation is prohibited. You agree to comply with all applicable international and
national laws that apply to the Products as well as end user, end-use, and destination
restrictions issued by U.S. and other governments. For additional information on U.S.
export controls see www.bis.doc.gov. Fortinet assumes no responsibility or liability for
your failure to obtain any necessary import and export approvals. You represent that
neither the United States Bureau of Industry and Security nor any other governmental
agency has issued sanctions against you or otherwise suspended, revoked or denied
your export privileges. You agree not to use or transfer the Products for any use relating
to nuclear, chemical or biological weapons, or missile technology, unless authorized
by the United States Government by regulation or specific written license. Additionally,
you agree not to directly or indirectly export, import or transmit the Products contrary to
the laws or regulations of any other governmental entity that has jurisdiction over such
export, import, transmission or use. Furthermore, you represent that you understand,
and you hereby agree to comply with, all requirements of the U.S. Foreign Corrupt
Practices Act and all other applicable laws. For beta, testing, evaluation, donation or free
Products and/or related services, you hereby agree, represent and warrant to Fortinet
that (a) receipt of the Products and/or services comply with all policies and you have
obtained all necessary approvals for such Products and/or services, (b) the Products
and/or services are not 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
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