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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 conflict 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 .
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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 PER-
SONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFEC-
TION, 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; diver-
sion 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 Govern-
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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
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portunities, and (c) the Products and/or services are not being received for the benefit of, and are not being transferred to, any government entity,
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11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be “commercial computer software” and “commercial computer software docu-
mentation,” 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 payment of any sales or use taxes imposed at any time 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 . 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 agree-
ment 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
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extent permitted and the remainder shall continue in full force and effect . You acknowledge that you have read this Agreement, understand it, and
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For information regarding Fortinet’s collection, use and transfer of your personal information please read the Fortinet privacy policy on the Fortinet
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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