Compliance
51
50
reconditioned Product that Fortinet reasonably determines is substantially equivalent (or superior) in all material respects to the defective Hardware.
The Hardware Warranty Period for the repaired or replacement Hardware shall be for the greater of the remaining Hardware Warranty Period or ninety
days from the delivery of the repaired or replacement Hardware. If Fortinet determines in its reasonable discretion that a material defect is incapable
of correction or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the defective Hardware will
be refunded by Fortinet upon return to Fortinet of the defective Hardware. All Hardware (or part thereof) that is replaced by Fortinet, or for which the
purchase price is refunded, shall become the property of Fortinet upon replacement or refund. Fortinet warrants that Software as initially shipped by
Fortinet will substantially conform to Fortinet’s then-current functional specifications for the Software, as set forth in the applicable documentation for
a period of ninety (90) days (“Software Warranty Period”), if the Software is properly installed on approved Hardware and operated as contemplated
in its documentation. Fortinet’s sole obligation shall be to repair or offer replacement Software for the non-conforming Software with software
that substantially conforms to Fortinet’s functional specifications. This obligation is exclusive of transport fees, labor, de-installation, installation,
reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. Except as otherwise agreed by
Fortinet in writing, the warranty replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license
granted by Fortinet for the Software. The Software Warranty Period shall extend for an additional ninety (90) days after any warranty replacement
software is delivered. If Fortinet determines in its reasonable discretion that a material non-conformance is incapable of correction or that it is not
practical to repair or replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by
Fortinet; provided that the non-conforming Software (and all copies thereof) is first returned to Fortinet. The license granted respecting any Software
for which a refund is given automatically terminates immediately upon refund. For purpose of the above hardware and software warranties, the term
“functional specifications” means solely those specifications authorized and published by Fortinet that expressly state in such specifications that they
are the functional specifications referred to in this section 6 of this Agreement, and, in the event no such specifications are provided to you with the
Software or Hardware, there shall be no warranty on such Software.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED “AS-IS” WITHOUT
ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MER-
CHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT
BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO
NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED
WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE
PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE HARDWARE WARRANTY PERIOD DISCUSSED
ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE
OF SHIPMENT FROM FORTINET’S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS. YOU
HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY AND NOTHING HEREIN OR ELSEWHERE SHALL
BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE, AND FORTINET DISLAIMS LIABILITY REGARDING YOUR WEB BROWSER’S
REQUIREMENTS OR ANY THIRD PARTY DEVICE OR APPLIANCE USED TO OPERATE THE SOFTWARE.
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; or (e) is procured from a non-authorized reseller or non-authorized distributor. 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. For clarity, notwithstanding anything to the contrary, all sales are final and no provision
in this EULA entitles you to return Products, other than as expressly set forth herein.
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, and agree that any controversy or claim arising out of or relating
to this Agreement shall be determined in 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 CONSEQUEN-
TIAL (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, COMPUT-
ER 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, AT FORTINET’S SOLE AND ABSOLUTE DISCRETION: REPAIR, REPLACEMENT, OR REFUND OF THE DEFECTIVE OR NON-CONFORMING
PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE; PROVIDED, HOWEVER, IN NO EVENT SHALL ANY END-CUSTOMER REMEDIES
UNDER THIS EULA AND ANY SUPPORT AGREEMENT EXCEED THE AMOUNT PAID TO FORTINET FOR THE SPECIFIC APPLICABLE DEFECTIVE
OR NON-CONFORMING PRODUCT AT ISSUE.
10. Compliance with Laws, including Import/Export Laws and FCPA.
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 https://www.bis.doc.gov. Fortinet assumes no responsibility or liability for your failure to obtain any necessary import and export approvals
and licenses, 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
specific 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 hereby agree that, for any orders
that you place with Fortinet whereby any legal or regulatory requirements may apply to Fortinet such as requirements related to the International Traffic
in Arms Regulations, or Buy American Act, or the Trade Agreements Act: you are responsible to ensure the Purchase Order submitted to Fortinet by
you and/or any partners clearly states the specific requirement in writing, or otherwise Fortinet is not bound by any such requirements. 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 you hereby agree that you and your employees have not accepted, and will not accept, anything of value, including money, meals,
entertainment, paid-for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything else of value, in exchange for
Fortinet maintaining current business or for new business opportunities. You agree you and your employees will be responsible to comply in full with all
laws and policies applicable to any and all dealings with Fortinet in general and its distributors, resellers and partners.
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 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. Notwithstanding anything to the contrary, this EULA constitutes the entire agreement between Fortinet
and its end-customers and supersedes any and all prior representations or conflicting provisions, such as limitations of liability, warranties, or otherwise
in any and all purported end customer agreements, whether entered into now or in the future. In the event of a conflict between this EULA and another
agreement, this EULA shall prevail unless the conflicting agreement expressly states that it replaces this EULA, expressly referring to this EULA, and is
agreed to in writing by authorized representatives of the parties (which, in the case of Fortinet, is Fortinet’s General Counsel).
14. Privacy. You agree to Fortinet’s collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy policy
on the Fortinet web site (http://www.fortinet.com/about-us/privacy.html), including (a) Fortinet’s use of the Customer information to send information
regarding Fortinet products and services; and (b) Fortinet’s disclosure of your information to provide assistance to law enforcement, governmental
agencies and other authorities or to allow Fortinet to protect its Customers’ and/or end users’ rights.
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 any 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 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. To receive the modified 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
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 Pro-
gram 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 modifications
and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed
as “you”.
Activities other than copying, distribution and modification 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
modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files 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 modified 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 modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reason-
ably 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 noncom-
mercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all
the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of
the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or
binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component it-
self accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering
equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled
to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy,
modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received
copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the