Fortinet Product License Agreement /
EULA and Warranty Terms
Trademarks and Copyright Statement
Fortinet®, FortiGate®, and FortiGuard® are registered
trademarks of Fortinet, Inc., and other Fortinet names may
also be trademarks, registered or otherwise, of Fortinet. All
other product or company names may be trademarks of
their respective owners. Copyright © 2015 Fortinet, Inc., All
Rights reserved. Contents and terms are subject to change
by Fortinet without prior notice. No part of this publication
may be reproduced in any form or by any means or used to
make any derivative such as translation, transformation, or
adaptation without permission from Fortinet, Inc., as stipulated
by the United States Copyright Act of 1976.
Product License Agreement
The parties to this agreement are you, the end customer,
and either (i) where you have purchased your Product
within the Americas, Fortinet, Inc., or (ii) where you have
purchased your Product outside of the Americas, Fortinet
Singapore Private Limited (each referred to herein as
“Fortinet”). CAREFULLY READ THE FOLLOWING LEGAL
AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”).
USE OR INSTALLATION OF 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 TERMS IN THIS AGREEMENT, AS AMENDED OR
UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION
BY FORTINET PUBLISHING AN AMENDED OR UPDATED
VERSION. 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. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS AGREEMENT, DO NOT START THE INSTALLATION
PROCESS OR USE THE PRODUCTS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU
SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN
FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF
THE PRODUCT IMMEDIATELY NOTIFY THE FORTINET
LEGAL TEAM IN WRITING AT [email protected] OF
REQUESTED CHANGES TO THIS AGREEMENT.
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 irmware
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 irmware provided to
you by Fortinet, at its option. Fortinet grants to you a non-
transferable (except as provided in section 5 (“Transfer”) and
section 15 (“Open Source Software”) below), non-exclusive,
revocable (in the event of your failure to comply with these
terms or in the event Fortinet is not properly paid for the
applicable Product) license to use the Software solely for your
internal business purposes (provided, if a substantial portion
of your business is to provide managed service provider
services to your end-customers, you may use the Software
embedded in FortiGate and supporting hardware appliances
to provide those services, subject to the other restrictions in
this Agreement), 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). You agree that,
except for the limited, speciic 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 speciic license as expressly
set forth in section 1 (“License Grant”) above. You agree to
keep conidential all Fortinet conidential information and only
to use such information for the purposes for which Fortinet
disclosed it.
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 or in the ordering documents, 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 speciically 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 Agreement and therefore wishes to return the Product(s)
as provided for in this Agreement. Further, if you are a non-
authorized reseller of Products, you are not authorized to sell
Product(s) or Software, but, regardless, by selling Product(s) or
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