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 CORRESPON-
DENCE 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 ac-
cordance 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 Agree-
ment, 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 Agree-
ment, 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.
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Product License Agreement
