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your failure to obtain any necessary import and export approvals, and Fortinet reserves the right to terminate or suspend shipments, services and support in the event Fortinet
has a reasonable basis to suspect any import or export violation. 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, modification, 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 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 asserted.
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. Notwithstanding anything to the contrary, this EULA
constitutes the entire agreement between Fortinet and its end-customers and supersedes any and all conflicting provisions, such as limitations of liability, in any and all
purported end customer agreements, whether entered into now or in the future. In the event of a conflict between this EULA and another agreement, this EULA shall prevail
unless the conflicting agreement expressly states that it replaces this EULA, expressly referring to this EULA, and is agreed to in writing by authorized representatives of the
parties (which, in the case of Fortinet, is Fortinet’s General Counsel).
14. Privacy.
You agree to Fortinet’s collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy policy on the Fortinet web site (http://www.
fortinet.com/about-us/privacy.html), including (a) Fortinet’s use of the Customer information to send information regarding Fortinet products and services; and (b) Fortinet’s
disclosure of your information to provide assistance to law enforcement, governmental agencies and other authorities or to allow Fortinet to protect its Customers’ and/or end
users’ rights.
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 to use, 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
users. 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 any 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-readable 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 legal@fortinet.com.
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