
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, modication, 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 the payment of any sales or use taxes imposed at any time whatsoever on this transaction.
13. General Provisions.
Except as specically 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 benet of, the
successors and permitted assigns of the parties. This Agreement will be governed by the laws of California, without regard to that body of law controlling
conicts of law. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. In the event of any claim arising out
of this Agreement, the parties herby submit to the jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable. 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, 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 func-
tionality to end users. Fortinet may also use personal information for additional communication, subject to an opt-out indication in writing not to accept such
communications from Fortinet and subject to applicable laws. Fortinet may engage other companies and individuals to perform functions on its behalf, such
as payment processing, order fulllment, 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 ofces 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 to use, 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 reecting our standard distribution costs, the complete machine-readable copy of the modied 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., 1090 Kifer Rd, Sunnyvale, CA 94086 USA. In order to receive the modied 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 Depart-
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 modications and/or translated
into another language. (Hereinafter, translation is included without limitation in the term “modication”.) Each licensee is addressed as “you”.
Activities other than copying, distribution and modication 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
modications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modied les to carry prominent notices stating that you changed the les and the date of any change.
parts not purchased directly from Fortinet by the end-user, for any accessories, or for any stand-alone software.
Fortinet warrants that the hardware portion of the Products, including spare parts unless noted otherwise (“Hardware”) will be free from material defects
in workmanship as compared to the functional specications for the period set forth as follows and applicable to the Product type (“Hardware Warranty
Period”): a three hundred sixty-ve (365) day limited warranty for the Hardware excluding spare parts, and, for spare parts, solely a ninety (90) days limited
warranty. Fortinet’s sole obligation shall be to repair or replace the defective Hardware at no charge to the original owner. This obligation is exclusive of
transport fees, labor or installation costs, and any other cost which are not directly associated to the Product. Such repair or replacement will be rendered by
Fortinet at an authorized Fortinet service facility as determined by Fortinet. The replacement Hardware need not be new or of an identical make, model, or
part; Fortinet may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that Fortinet reasonably determines
is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement
Hardware shall be for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware.
If Fortinet determines in its reasonable discretion that a material defect is incapable of correction or that it is not practical to repair or replace defective
Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by Fortinet upon return to Fortinet of the defective Hardware.
All Hardware (or part thereof) that is replaced by Fortinet, or for which the purchase price is refunded, shall become the property of Fortinet upon replacement
or refund.
90-day Software Warranty: Fortinet warrants that the software portion of Hardware Products will substantially conform to Fortinet’s then current functional
specications for the Software, as set forth in the applicable documentation for a period of ninety (90) days (“Software Warranty Period”), if the Software is
properly installed on approved Hardware and operated as contemplated in its documentation. Fortinet’s sole obligation shall be to repair or replace the non-
conforming Software with software that substantially conforms to Fortinet’s functional specications. Except as otherwise agreed by Fortinet in writing, the
replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by Fortinet for the Software.
The Software Warranty Period shall extend for an additional ninety (90) days after any replacement software is delivered. If Fortinet determines in its
reasonable discretion that a material non-conformance is incapable of correction or that it is not practical to repair or replace the non-conforming Software,
the price paid by the original licensee for the non-conforming Software will be refunded by Fortinet; provided that the non-conforming Software (and all
copies thereof) is rst returned to Fortinet. The license granted respecting any Software for which a refund is given automatically terminates immediately
upon refund. For purpose of the above hardware and software warranties, the term “functional specications” means solely those specications authorized
and published by Fortinet that expressly state in such specications that they are the functional specications referred to in this section 6 of this Agreement,
and, in the event no such specications are provided to you with the Software or Hardware, there shall be no warranty on such Software.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF
ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS
SOLD, 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 PRODUCT 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 THE
SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FortiWi-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; or (d) is licensed for beta, evaluation,
testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee. In the case of beta, testing, evaluation 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.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conicts of laws principles thereof. In
all events the terms of this Agreement and the limitations of liability, disclaimers of warranties and other restrictions herein shall be enforced to the maximum
extent permissible by applicable law.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 INCONVENIENCE OR DAMAGES OF ANY CHARACTER,
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 STOPPAGE, 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. Export Control; FCPA Compliance.
You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; 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 Software 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 export approvals. 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. 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 Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless
authorized by the United States Government by regulation or specic written license. Additionally, you agree not to directly or indirectly export, import or
transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use.
11. U.S. Government End Users.