
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
functionality 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 Road, 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
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.
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 modied 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 there is no warranty (or else, saying
that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an
announcement.)
These requirements apply to the modied work as a whole. If identiable sections of that work are not derived from the Program, and can be reasonably
considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as
separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be
on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote
it.. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to
control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with
the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2
above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source
distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial
distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Source code for a work means the preferred form of the work for making modications to it. For an executable work, complete source code means all
the source code for all modules it contains, plus any associated interface denition les, plus the scripts used to control compilation and installation of
the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or
binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself
accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the
source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any
work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to
copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the
rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are
imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions
of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all
those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from
distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section
has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have
made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the
author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder
who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted
only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the
Program species a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions
either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you
may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for
this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse
of software generally.