Fortinet FortiAP 222B, Quick Start Manual

Page: 16 / 20

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. In the event of any claim arising out of this
Agreement, the parties hereby 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 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., 1090 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 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 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 deriva-
tive 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 war-
ranty; 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 there is no warranty (or else, saying that you provide a war-
ranty) 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 modified work as a whole. If identifiable 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 sec-
tion 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 Sections1 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 distri-
Page 13