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 THEORYFOR ANY
LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY DAMAGESOF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGESFOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF
OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISKACTIVITIES, DE-
INSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORKSTOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, COMPUTER SECURITYBREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA
CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR
WARRANTYSERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTYSERVICE, OR ARISING OUT OF ANY
BREACH OF THE LIMITED WARRANTYIN SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH
DAMAGES. THE SOLE REMEDYFOR A BREACH OF THE LIMITED WARRANTYIS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE
OR NON-CONFORMING PRODUCT AS SPECIFICALLYSTATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Productsmaybe subject to the United StatesExport Administration Regulationsand other import and export laws;
diversion contraryto United Stateslaw and regulation isprohibited. You agree to complywith allapplicable internationaland nationallawsthat
applyto the Productsaswellasend user, end-use, and destination restrictionsissued byU.S. and other governments. For additionalinformation
on U.S. export controlssee www.bis.doc.gov. Fortinet assumesno responsibilityor liabilityfor your failure to obtain anynecessaryimport and
export approvals, and Fortinet reservesthe right to terminate or suspend shipments, servicesand support in the event Fortinet hasa reasonable
basisto suspect anyimport or export violation. You represent that neither the United StatesBureau of Industryand Securitynor anyother
governmentalagencyhasissued sanctionsagainst you or otherwise suspended, revoked or denied your export privileges. You agree not to use
or transfer the Productsfor anyuse relating to nuclear, chemicalor biologicalweapons, or missile technology, unlessauthorized bythe United
StatesGovernment byregulation or specific written license. Additionally, you agree not to directlyor indirectlyexport, import or transmit the
Productscontraryto the lawsor regulationsof anyother governmentalentitythat hasjurisdiction over such export, import, transmission or use.
Furthermore, you represent that you understand, and you herebyagree to complywith, allrequirementsof the U.S. Foreign Corrupt Practices
Act and allother applicable laws. For beta, testing, evaluation, donation or free Productsand/or related services, you herebyagree, represent
and warrant to Fortinet that (a) receipt of the Productsand/or servicescomplywith allpoliciesand you have obtained allnecessaryapprovalsfor
such Productsand/or services, (b) the Productsand/or servicesare not provided in exchange for Fortinet maintaining current businessor for new
businessopportunities, and (c) the Productsand/or servicesare 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 "commercialcomputer software" and "commercialcomputer software
documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, asapplicable. Anyuse, modification,
reproduction, release, performance, displayor disclosure of the Software and accompanying documentation bythe United StatesGovernment
shallbe governed solelybythe termsof thisAgreement and shallbe prohibited except to the extent expresslypermitted bythe termsof this
Agreement and itssuccessors.
12. Tax Liability.
You agree to be responsible for payment of anysalesor use taxesimposed at anytime on thistransaction.
13. General Provisions.
Except asspecificallypermitted and required in section 5 (“Transfer”) above, you agree not to assign thisAgreement or transfer anyof the rights
or obligationsunder thisAgreement without the prior written consent of Fortinet. ThisAgreement shallbe binding upon, and inure to the benefit
of, the successorsand permitted assignsof the parties. The United NationsConvention on Contractsfor the InternationalSalesof Goodsis
expresslyexcluded. ThisAgreement and other Fortinet agreementsmaybe amended or supplemented onlybya writing that refersexplicitlyto
the agreement signed on behalf of both parties, or, for thisAgreement, asotherwise expresslyprovided in the lead-in above Section 1 above,
provided, notwithstanding anything to the contraryand except for thisAgreement which maybe amended or updated asexpresslyprovided in
the lead-in above Section 1 above, for anyamendment or other agreement to be binding on Fortinet, such amendment or other agreement
must be signed byFortinet’sGeneralCounsel. No waiver willbe implied from conduct or failure to enforce rightsnor effective unlessin a writing
signed on behalf of the partyagainst whom the waiver isasserted. If anypart of thisAgreement isfound unenforceable, that part willbe enforced
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