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Fortinet Product License Agreement / EULA and Warranty Terms
Trademarks and Copyright Statement
F ortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc., and other Fortinet names may also be trademarks, registered or otherwise, of Fortinet.
All other product or company names may be trademarks of their respective owners. Copyright © 2018 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 IMMEDIATELY, 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 and you pay for an MSSP license, you may use the Software and/or Software embedded in Fortinet Hardware 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 unless and except set forth in the published documentation otherwise, 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, (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers, or (e) use the Software for third-party training, commercial
time-sharing or service bureau use or use the Software to provide services to third parties except as expressly set forth in this Agreement.
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 expressly agree and acknowledge that Fortinet owns and shall retain all intellectual property rights in and
to, and you have no intellectual property rights in and to, the Products and the Software other than the License Grant. 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, such as subscription licenses, where the term of the license is limited per the evaluation/beta or other agreement,
in the ordering documents or otherwise, 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 or for other reasons as
stated in Fortinet’s other documentation. 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.
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 and Services, you are not authorized to sell Product(s), Software or Services, but, regardless, by selling Product(s), Software or Services, you hereby agree you
are bound by the restrictions 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 properly registered on Fortinet’s Support Website, https://support.fortinet.com, or such
other website as provided by Fortinet, or for which the warranty otherwise starts according to Fortinet’s policies. The warranty periods discussed below will start according to