Fortinet FortiAP S421E, Информация

Страница: 10 / 13

transfer of your personal information please read the Fortinet
privacy policy on the Fortinet web site (http://www.fortinet.
com/aboutus/privacy.html).
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 touse, 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 relecting
our standard distribution costs, the complete machine-
readable copy of the modiied 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 modiied 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 legal@
fortinet.com.
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 modiications and/or translated into another language.
(Hereinafter, translation is included without limitation in the
term “modiication”.) Each licensee is addressed as “you”.
Activities other than copying, distribution and modiication 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 modiications or work under the
terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modiied iles to carry prominent
notices stating that you changed the iles and the date of
any change.
b) You must cause any work that you distribute or publish, that
in whole or in part contains or is derived from the Program or
any part thereof, to be licensed as a whole at no charge to all
third parties under the terms of this License.
c) If the modiied program normally reads commands
interactively when run, you must cause it, when started
running for such interactive use in the most ordinary way, to
print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or
else, saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if the
Program itself is interactive but does not normally print such
an announcement, your work based on the Program is not
required to print an announcement.)
These requirements apply to the modiied work as a whole.
If identiiable sections of that work are not derived from the
Program, and can be reasonably considered independent and
separate works in themselves, then this License, and its terms,
do not apply to those sections when you distribute them as
separate works. But when you distribute the same sections
as part of a whole which is a work based on the Program, the
distribution of the whole must be on the terms of this License,
whose permissions for other licensees extend to the entire
whole, and thus to each and every part regardless of who
wrote it.. Thus, it is not the intent of this section to claim rights
or contest your rights to work written entirely by you; rather,
the intent is to exercise the right to control the distribution
of derivative or collective works based on the Program. In
addition, mere aggregation of another work not based on
the Program with the Program (or with a work based on the
Program) on a volume of a storage or distribution medium
does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based
on it, under Section 2) in object code or executable form under
the terms of Sections 1 and 2 above provided that you also do
one of the following:
a) Accompany it with the complete corresponding machine-
readable source code, which must be distributed under the
terms of Sections1 and 2 above on a medium customarily
used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to
be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
c) Accompany it with the information you received as to
the offer to distribute corresponding source code. (This
alternative is allowed only for noncommercial distribution and
only if you received the program in object code or executable HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A
SECURITY GUARANTEE OR ASSURANCE.
The warranty in Section 6 above does not apply if the
Software, Product or any other equipment upon which the
Software is authorized to be used (a) has been altered,
except by Fortinet or its authorized representative, (b) has
not been installed, operated, repaired, updated to the latest
version, or maintained in accordance with instructions
supplied by Fortinet, (c) has been subjected to abnormal
physical or electrical stress, misuse, negligence, or accident;
(d) is licensed for beta, evaluation, donation, testing or
demonstration purposes or for which Fortinet does not charge
a purchase price or license fee. In the case of beta, testing,
evaluation, donation or free Software or Product, the end
user acknowledges and agrees that such Software or Product
may contain bugs or errors and could cause system failures,
data loss and other issues, and the end user agrees that such
Software or Product is provided “as-is” without any warranty
whatsoever, and Fortinet disclaims any warranty or liability
whatsoever. An end user’s use of evaluation or beta Software
or Product is limited to thirty (30) days from original shipment
unless otherwise agreed in writing by Fortinet.
8. Governing Law.
Any disputes arising out of this Agreement or Fortinet’s
limited warranty shall be governed by the laws of the state
of California, without regard to the conlict of laws principles.
In the event of any disputes arising out of this Agreement or
Fortinet’s limited warranty, the parties submit to the jurisdiction
of the federal and state courts located in Santa Clara County,
California, as applicable.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND
NOTWITHSTANDING ANYTHING TO THE CONTRARY,
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
DAMAGES OF ANY KIND WHATSOEVER, 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,
DE-INSTALLATION AND INSTALLATION FEES AND COSTS,
DAMAGE TO PERSONAL OR REAL PROPERTY, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION 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
WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF
THE DEFECTIVE OR NON-CONFORMING PRODUCT AS
SPECIFICALLY STATED IN SECTION 6 ABOVE.
10. Import / Export Requirements; FCPA Compliance.
You are advised that the Products may be subject to the
United States Export Administration Regulations and other
import and export laws; 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 Products 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 import and export
approvals, and Fortinet reserves the right to terminate or
suspend shipments, services and support in the event Fortinet
has a reasonable basis to suspect any import or export
violation. 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 Products for any use relating to nuclear,
chemical or biological weapons, or missile technology, unless
authorized by the United States Government by regulation or
speciic written license. Additionally, you agree not to directly
or indirectly export, import or transmit the Products contrary
to the laws or regulations of any other governmental entity
that has jurisdiction over such export, import, transmission
or use. 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.
For beta, testing, evaluation, donation or free Products and/or
related services, you hereby agree, represent and warrant to
Fortinet that (a) receipt of the Products and/or services comply
with all policies and you have obtained all necessary approvals
for such Products and/or services, (b) the Products and/or
services are not provided in exchange for Fortinet maintaining
current business or for new business opportunities, and (c) the Products and/or services are not being received for the beneit
of, and are not being transferred to, any government entity,
representative or afiliate.
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, modiication, 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 payment of any sales or use
taxes imposed at any time on this transaction.
13. General Provisions.
Except as speciically 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 beneit 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.
14. Privacy.
For information regarding Fortinet’s collection, use and