The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursu-
ant 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 the payment of any sales or use taxes imposed at any time whatsoever 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.
This Agreement will be governed by the laws of California, without regard to that body of law controlling conflicts of law. The United Nations Convention on Contracts for
the International Sales of Goods is expressly excluded. In the event of any claim arising out of this Agreement, the parties herby submit to the jurisdiction of the federal and
state courts located in Santa Clara County, California, as applicable. 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, 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.
14. Privacy.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain and use personal information supplied, including name, address, and e-mail address
of individuals and payment details and other information. Personal information will be used primarily to provide services and product functionality to end users. Fortinet
may also use personal information for additional communication, subject to an opt-out indication in writing not to accept such communications from Fortinet and subject to
applicable laws. Fortinet may engage other companies and individuals to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs
and customer service. Fortinet may share personal information with such subcontractors in order to perform these and other functions, but such subcontractors may not use
your personal information for other purposes, unless you agree. By entering into this Agreement, you agree and consent to the transfer the supplied personal information to
Fortinet’s offices in the United States and elsewhere, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal informa-
tion, and for information on how to opt out of or unsubscribe from the communications described above, please read the Fortinet privacy policy on the Fortinet web site (www.
Fortinet.com).
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 a Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take prece-
dence 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., 1090 Kifer Rd, Sunnyvale, CA 94086 USA. In order to receive the modified software modules, you must also include the following informa-
tion: (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 [email protected].
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 warranty; and give any
other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option
offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work
under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
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