TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTINET IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY INCONVENIENCE OR DAMAGES OF ANY CHARACTER,
WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS
OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL
OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF IN-
FORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR WARRANTY
SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY IN
SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED WAR-
RANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
10. Export Control; FCPA Compliance.
You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; diversion contrary to United
States law and regulation is prohibited. You agree to comply with all applicable international and national laws that apply to the Software as well as end user,
end-use, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see www.bis.doc.gov. Fortinet
assumes no responsibility or liability for your failure to obtain any necessary export approvals. 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. 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 Software 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 Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use.
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 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 func-
tionality 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 information, 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 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
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