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 (
https://www.fortinet.com/corporate/about-us/privacy.
), including (a) Fortinet’s use of the Customer information to send information regarding Fortinet prod-
ucts 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
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 appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any
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