16
License agreement
& warranty
Fortinet Product License Agreement / EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc ., and other Fortinet names may also be trade-
marks, registered or otherwise, of Fortinet . All other product or company names may be trademarks of their respective owners .
Copyright © 2017 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 OR INSTALLATION 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”) CONSTITUTES ACCEPTANCE BY YOU
OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN
AMENDED OR UPDATED VERSION . 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 . 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 TERMS OF THIS AGREEMENT, YOU SHOULD IMME-
DIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT IMMEDIATELY NOTIFY THE FORTINET
LEGAL TEAM IN WRITING AT LEGAL@FORTINET .COM OF REQUESTED CHANGES TO THIS AGREEMENT .
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 .
3. Proprietary Rights.
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 . You agree to keep
confidential all Fortinet confidential information and only to use such information for the purposes for which Fortinet disclosed it .
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, immediately 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 .