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Page 14

Product License Agreement

Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be trademarks, registered or otherwise,
of Fortinet. All other product or company names may be trademarks of their respective owners. Copyright © 2014 Fortinet, Inc., All Rights reserved. Contents and terms
are subject to change by Fortinet without prior notice. No part of this publication may be reproduced in any form or by any means or used to make any derivative such as
translation, transformation, or adaptation without permission from Fortinet, Inc., as stipulated by the United States Copyright Act of 1976.
Product License Agreement
The parties to this agreement are you, the end customer, and either (i) where you have purchased your Product within the Americas, Fortinet, Inc., or (ii) where you have
purchased your Product outside of the Americas, Fortinet Singapore Private Limited (each referred to herein as “Fortinet”) .CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”). USE OF FORTINET PRODUCT(S) AND ANY UPDATES THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS,
SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE “PRODUCTS”) CONSTI-
TUTES ACCEPTANCE BY YOU OF THE PROVISIONS IN THIS AGREEMENT. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN ANY
ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY AGREED TO IN A WRITING
SIGNED BY THE GENERAL COUNSEL OF FORTINET. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS AGREEMENT TO THE TERMS HEREIN, AS AMENDED OR UP-
DATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD
IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT RETURN THE PRODUCTS TO THE LOCATION WHERE YOU
OBTAINED THEM FOR A FULL REFUND FROM THE PARTNER SELLING TO YOU.
1. License Grant.
This is a license, not a sales agreement, between you and Fortinet. The term “Software”, as used throughout this Agreement, includes all Fortinet and third party firmware
and software provided to you with, or incorporated into, Fortinet appliances and any stand-alone software provided to you by Fortinet, with the exception of any open
source software contained in Fortinet’s Products which is discussed in detail in section 15 below, and the term “Software” includes any accompanying documentation, any
updates and enhancements of the software or firmware provided to you by Fortinet, at its option. Fortinet grants to you a non-transferable (except as provided in section
5 (“Transfer”) and section 15 (“Open Source Software”) below), non-exclusive, revocable (in the event of your failure to comply with these terms or in the event Fortinet
is not properly paid for the applicable Product) license to use the Software solely for your internal business purposes (provided, if a substantial portion of your business is
to provide managed service provider services to your end-customers, you may use the Software embedded in FortiGate and supporting hardware appliances to provide
those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and subject to any further restrictions in
Fortinet documentation, and solely on the Fortinet appliance, or, in the case of blades, CPUs or databases, on the single blade, CPU or database on which Fortinet installed
the Software or, for stand-alone Software, solely on a single computer running a validly licensed copy of the operating system for which the Software was designed, or,
in the case of blades, CPUs or databases, on a single blade, CPU or database. For clarity, notwithstanding anything to the contrary, all licenses of Software to be installed
on blades, CPUs or databases are licensed on a per single blade, solely for one blade and not for multiple blades that may be installed in a chassis, per single CPU or per
single database basis, as applicable. The Software is “in use” on any Fortinet appliances when it is loaded into temporary memory (i.e. RAM). You agree that, except for the
limited, specific license rights granted in this section 1, you receive no license rights to the Software.
2. Limitation on Use.
You may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to, (a) modify, translate, reverse
engineer, decompile, disassemble, create derivative works based on, sublicense, or distribute the Software; (b) rent or lease any rights in the Software in any form to any
third party or make the Software available or accessible to third parties in any other manner; (c) except as provided in section 5, transfer assign or sublicense right to any
other person or entity, or (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers.
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All rights, title, interest, and all copyrights to the Software and any copy made thereof by you and to any Product remain with Fortinet. You acknowledge that no title to the
intellectual property in the Software or other Products is transferred to you and you will not acquire any rights to the Software or other Products except for the specific
license as expressly set forth in section 1 (“License Grant”) above.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement or in the ordering documents,
the term of the license is for the duration of Fortinet’s copyright in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, im-
mediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement. You agree that, upon such termination, you will cease using
the Software and any Product and either destroy all copies of the Fortinet documentation or return all materials to Fortinet. The provisions of this Agreement, other than the
license granted in section 1 (“License Grant”), shall survive termination.
5. Transfer.
If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in writing by Fortinet) the
Software to one end user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms
and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all
applicable United States export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does
not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized
reseller of Products, you are not authorized to sell Product(s) or Software, but, regardless, by selling Product(s) or Software, you hereby agree you are bound by the restric-
tions and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and
obligations herein (ii) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (iii) comply with all applicable United States export
control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does
not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding
anything to the contrary, distributors, resellers and other Fortinet partners (a) are not agents of Fortinet and (b) are not authorized to bind Fortinet in any way.
6. Limited Warranty.
Fortinet provides this limited warranty for its product only to the single end-user person or entity that originally purchased the Product from Fortinet or its authorized
reseller or distributor and paid for such Product. The warranty is only valid for Products which are registered on Fortinet’s Support Website: https://support.fortinet.com; or
on the TalkSwitch support website: http://global.talkswitch.com; or such other website as provided by Fortinet. For the below software warranty to start, registration must
take place within three hundred sixty-five (365) days from the date the Product was originally shipped from Fortinet’s facilities or the warranty is null and void and will not
be honored. For the hardware warranty, such warranty starts on the earlier of the date of Product registration on Fortinet’s Support Website or ninety (90) days from the
date that the Product was originally shipped from Fortinet’s facilities. It is the Fortinet distributor’s and reseller’s responsibility to make clear to the end user the date the
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Fortinet warrants that the hardware portion of the Products, including spare parts unless noted otherwise (“Hardware”) will be free from material defects in workmanship