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. 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 assert-
ed. 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.
For information regarding Fortinet’s collection, use and transfer
of your personal information please read the Fortinet privacy
policy on the Fortinet web site (http://www.fortinet.com/aboutus/
privacy.html)..
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 us-
ers. 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-read-
able 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 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 [email protected].
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 derivative 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 appro-
priate 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
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 warranty) 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
OR EXPRESS WARRANTY OF MERCHANTABILITY, OR
WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT
BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS
SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL
BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIG-
INAL SHIPMENT FROM FORTINET. EXCEPT AS EXPRESSLY
COVERED UNDER THE LIMITED WARRANTY PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION
AND PERFORMANCE OF THE PRODUCT IS WITH THE PUR-
CHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING
TO THE CONTRARY, THE HARDWARE WARRANTY PERIOD
DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET
PRODUCTS, INCLUDING FORTIFONE WHICH HAS A NINETY
(90) DAY LIMITED WARRANTY AND FORTITOKEN WHICH HAS
A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM
FORTINET’S FACILITIES, AND THE SOFTWARE WARRANTY
DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS,
INCLUDING FORTIGATE-ONE AND VDOM SOFTWARE. YOU
HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR
CAN ASSURE COMPLETE SECURITY AND NOTHING HEREIN
OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY
GUARANTEE OR ASSURANCE.
The warranty in Section 6 above does not apply if the Software,
Product or any other equipment upon which the Software is au-
thorized to be used (a) has been altered, except by Fortinet or its
authorized representative, (b) has not been installed, operated, re-
paired, updated to the latest version, or maintained in accordance
with instructions supplied by Fortinet, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or
accident; (d) is licensed for beta, evaluation, donation, testing or
demonstration purposes or for which Fortinet does not charge
a purchase price or license fee. In the case of beta, testing,
evaluation, donation or free Software or Product, the end user
acknowledges and agrees that such Software or Product may
contain bugs or errors and could cause system failures, data loss
and other issues, and the end user agrees that such Software or
Product is provided “as-is” without any warranty whatsoever, and
Fortinet disclaims any warranty or liability whatsoever. An end
user’s use of evaluation or beta Software or Product is limited to
thirty (30) days from original shipment unless otherwise agreed in
writing by Fortinet.
8. Governing Law.
Any disputes arising out of this Agreement or Fortinet’s limited
warranty shall be governed by the laws of the state of California,
without regard to the conflict of laws principles. In the event of
any disputes arising out of this Agreement or Fortinet’s limited
warranty, the parties submit to the jurisdiction of 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 NOT-
WITHSTANDING 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, DAM-
AGES 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, COMPUTER FAILURE OR MALFUNCTION, COM-
PUTER 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 RE-
FUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT
AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; 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. 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.
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, mod-
ification, 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
