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, DE-INSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COM-
PUTER 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; Compliance with Laws; FCPA Compliance.
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 and licenses, and Fortinet
reserves the right to terminate or suspend shipments, services and support in the event Fortinet has a reasonable basis to suspect any import or export
violation. 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. You agree you and your employees will be responsible to comply in full with all laws and policies
applicable to any and all dealings with Fortinet in general and its distributors, resellers and partners. 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 obliga-
tions 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 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. Notwithstanding anything to the
contrary, this EULA constitutes the entire agreement between Fortinet and its end-customers and supersedes any and all conflicting provisions, such as
limitations of liability, in any and all purported end customer agreements, whether entered into now or in the future. In the event of a conflict between this
EULA and another agreement, this EULA shall prevail unless the conflicting agreement expressly states that it replaces this EULA, expressly referring to this
EULA, and is agreed to in writing by authorized representatives of the parties (which, in the case of Fortinet, is Fortinet’s General Counsel).
14. Privacy.
You agree to Fortinet’s collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy policy on the Fortinet web
site (
https://www.fortinet.com/corporate/about-us/privacy.html
), including (a) Fortinet’s use of the Customer information to send information regarding
Fortinet products and services; and (b) Fortinet’s disclosure of your information to provide assistance to law enforcement, governmental agencies and
other authorities or to allow Fortinet to protect its Customers’ and/or end users’ rights.
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
any 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 soft-
ware 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
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