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Fortinet, Inc. - EULA v14 - September 2015 8
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 Forti-
net 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.
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 PROD-
UCT 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 CON-
TAINED 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 NONCONFORMING 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 reg-
ulation 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