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(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELAT-
ED 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 WAR-
RANTY 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. Compliance with Laws, including import / Export Laws and FCPA.
You are advised that the Products may be subject to the United States Export Administration 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 specic 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 benet of, and are not being transferred to, any government entity, representative or aliate.
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, modication, reproduc-
tion, 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 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. 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 eective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agree-
ment is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall continue in full force
and eect. 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 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 oces 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 com-
munications 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 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., 899 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
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 un-
der 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 conspicu-
ously 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 oer warranty protection in
exchange for a fee.