Product License Agreement
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS “AGREEMENT”). USE OF FORTINET, INC. (“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 PROVISIONS IN THIS AGREEMENT. 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. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS AGREEMENT TO THE
TERMS HEREIN, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. IF YOU DO NOT
AGREE TO THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN THE PRODUCTS TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND. IF
YOU DO NOT AGREE TO All OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS.
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. Subject to proper payment to Fortinet and your compliance with the other terms and
conditions, Fortinet grants to you a non-transferable (except as provided in section 5 (“Transfer”) and section 13 (“Open Source Software”) below), non-exclusive license
to use the Software solely for your internal business purposes, 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). Note that, for evaluation or beta Products for which Fortinet
does not charge a fee, the payment requirement does not apply and the Product is provided to you as-is and you are not entitled to any warranty, under section 6 (“Limited
Warranty”) below or otherwise. 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.
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, 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.
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 EULA and therefore wishes to return the Product(s) as provided for in this Agreement.
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 registered on Fortinet’s Support Website: https://support.fortinet.com. For the below
software warranty to start, registration must take place within three hundred sixty-five (365) days from the date the Product was originally shipped from Fortinet’s facilities or
the warranty is null and void and will not be honored. For the hardware warranty, such warranty starts on the earlier of the date of Product registration on Fortinet’s Support
Website or ninety (90) days from the date that the Product was originally shipped from Fortinet’s facilities. It is the Fortinet distributor’s and reseller’s responsibility to make
clear to the end user the date the product was originally shipped from Fortinet, and it is the end user’s responsibility to understand the original ship date from the party from
which the end user purchased the product. All warranty claims must be submitted in writing to Fortinet before the expiration of the warranty term or such claims are waived
in full, i.e. ninety (90) days from the earlier of registration or the automatically started term for hardware and spare parts claims and three hundred sixty-five (365) days from
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Product License Agreement
