F=13FITInET
<br />Product License Agreement / EULA and Warranty Terms
<br />Product License Agreement
<br />The parties to this agreement are you (the end -customer) and Fortinet, Inc. ("Fortinet"). CAREFULLY READTHE FOLLOWING LEGAL
<br />AGREEMENT )THE OR THIS "AGREEMENT" OR "EUW). USE OR INSTALLATION OF FORTINET PRODUCT(S) AN D ANY UPDATES
<br />THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND
<br />STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE "PRODUCTS") CONSTITUTES ACCEPTANCE BY YOU OF THE
<br />TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET'S DISCRETION BY FORTINET PUBLISHING
<br />AN AMENDED OR UPDATED VERSION. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN
<br />ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION
<br />UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF FORTINET. IF YOU DO NOT AGREE TO ALL OF THE
<br />TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DON AGREE TO THE
<br />TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR
<br />RECEIPT OF THE PRODUCT, IMMEDIATELY NOTIFY FORTI N ET LEGAL LEGALCdFORTINET COM OF REQUESTED EULA CHANGES.
<br />1. License Grant.
<br />This is a license agreement between you and Fortinet, not a sales agreement. The term "Software", as used throughout this
<br />Agreement, includes all Fortinet and third party firmware and software provided to you with, or incorporated into, Fortinet appliances
<br />and any stand-alone software provided to you by Fortinet, with the exception of any open source software contained in Fortinet's
<br />Products which is discussed in detail in section 15 below, and the term "Software" includes any accompanying documentation, any
<br />updates and enhancements of the software or firmware provided to you by Fortinet, at its option. Fortinet grants to you a non-
<br />transferable (except as provided in section 5 ("Transfer") and section 15 ("Open Source Software") below), non-exclusive, revocable
<br />(in the event of your failure to comply with these terms, in the event of termination, or in the event Fortinet is not properly paid for
<br />the applicable Product) license to use the Software solely for your internal business purposes (provided, if (a) agreed by Fortinet in
<br />writing, (b) you are authorized by Fortinet in writing to provide managed service provider services ("MSSP") to your endcustomers,
<br />and d) you pay for an MSSP license, then you may use the Software and/or Software embedded in Fortinet Hardware to provide
<br />those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and
<br />subject to any further restrictions in Fortinet documentation (including license term restrictions), and solely on the Fortinet appliance,
<br />or,inthecase of blades, CPUs, platform, devices or databases, on the single blade, CPU, platform, device or database on which
<br />Fortinet installed the Software, or, for stand-alone Software, solely on a single computer running a validly -licensed copy of the
<br />operating system for which the Software was designed unless and except set forth in the published documentation otherwise. For
<br />clarity, notwithstanding anything to the contrary, all licenses of Software to be installed on blades, CPUs, platforms, devices or
<br />databases are licensed per blade, solely for one blade and not for multiple blades that may be installed in a chassis, per CPU, per
<br />platform, per device, or per database basis, up to the blade, CPU, platform, device, database number defined in the license and as
<br />applicable and in accordance with the documentation. The Software is "in use" on any appliances, blades, CPUs, platforms, devices, or
<br />databases when it is loaded into temporary memory (i.e. RAM), accessed, downloaded, installed, or used on an appliance, blade, CPU,
<br />platform, device, or database. You agree that, except for the limited, specific license rights granted in this section 1, you receive no
<br />license rights to the Software.
<br />2. Limitation on Use.
<br />You are prohibited from and may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and
<br />contractors from attempting to: (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on,
<br />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
<br />vai'able or accessible to third parties in any other manner (except as expressly permitted for MSSP partners); (c) transfer assign or
<br />sublicense right to any other person or entity (except as provided in section 5): (d) remove any proprietary notice, labels, or marks on
<br />the Software, Products, and containers; (e) use the Software to determine, or disclose the results of, any benchmarking or
<br />performance measurements; (f) interfere with a platform for use of the Software; (g) use the Software on a device not owned and
<br />controlled by you; (h) use automated means to access online portions of the platform for the Software; (1) use the Software for third -
<br />party training, commercial time-sharing or service bureau use or (except as expressly set forth in this Agreement) use the Software to
<br />provide services to third parties, 0) share non-public features or content of the software with any third party; (k) access the software
<br />n order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the
<br />software, or to copy any ideas, features, functions or graphics of the software; or, (1) engage in web scraping or data scraping on or
<br />related to the software, including without limitation, collection of information through any software that simulates human activity or
<br />any bot or web crawler.
<br />3. Proprietary Rights.
<br />All rights (including copyrights, trade secret, patent and other intellectual property rights), title, interest in and to the Software and
<br />any Product, and any copy thereof remain with Fortinet. You acknowledge that no title or other intellectual property rights in the
<br />Software orother Products is transferred to you and you will not acquire any rights to the Software or other Products except for the
<br />specifc limited license as expressly set forth in section 1("License Grant") above. You expressly agree and acknowledge that Fortinet
<br />retains, and shall retain all intellectual property rights in and to, and you have no intellectual property rights in and to, the
<br />Products and the Software other than the License Grant. You agree to keep confidential all Fortinet confidential information and only
<br />to use such information for the purposes for which Fortinet disclosed it.
<br />4. Term and Termination.
<br />The term of the license is the shorter of (a) the term as set forth in the ordering documents, other Fortinet documentation, or per
<br />Fortinet practices or policies (such as with evaluation or beta licenses or subscription or other term licenses) and (b) for the duration
<br />of Fortinet's copyright in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, immediately
<br />without notice if you breach or fail to comply with any of the terms and conditions of this Agreement or for other reasons as stated in
<br />Ford net's other documentation. You agree that, upon such termination, you will cease using the Software and any Product and either
<br />destroy all copies of the Fortinet documentation or return all materials to Fortinet.
<br />S. Transfer.
<br />If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless
<br />specifically agreed to in writing by Fortinet) the Software to one end user on a permanent basis, provided that: (i) you ensure that
<br />your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by sel ling the Product or
<br />Software, you hereby agree to enforce the terms in this Agreement against such end user, III) you at all times comply with all
<br />applicable United States export control laws and regulations, and (III) you agree to refund any fees paid to you by an end user who
<br />purchased Prod uct(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the
<br />uct(,) Prodas provided for in this Agreement Further, if you are a non -authorized reseller of Products and Services, you are not
<br />authorized to sell Pmduct(s), Software or Services, but, regardless, by selling Pmduct(s), Software or Services, you hereby agree You
<br />re bound by the restrictions and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy
<br />of this Agreement and are bound in full by all restrictions and obligations herein III) enforce the restrictions and obligations in this
<br />Agreement against such customer and/or end user, (III) comply with all applicable United States export control laws and regulations
<br />and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you
<br />but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as
<br />provided for in this Agreement. Notwithstanding anyth ing to the contra ry, distributors, resellers and other Fortinet partners Jai am
<br />not agents of Fortinet and (b) are not authorized to bind Fortinet in anyway. Fortinet's license, warranty, and support is only available
<br />for Products that you purchased directly from an authorized Fortinet channel partner. Products not purchased from an authorized
<br />Fortinet channel partner are not eligible, will not be supported, and may be blocked from registration.
<br />6. Limited Warranty.
<br />Fortinet provides this limited warr,myfor its product onlyto the single end -user per, entity that originally purchased the
<br />Product from Fortinet or its authorized reseller or distributor and paid for such Product The warranty is only valid for Products which
<br />re properly registered on Fortinet', Support Websfte, httos://su000rt.forti,,t.com, or such other website as provided by Fortinet, or
<br />for which the warranty otherwise starts according to Fortinet's policies, and any support is only valid for products property purchased
<br />through authorized distributors and resellers. The warranty periods discussed below will start accordingto Fortinet's policies posted
<br />at htto://www.fortinet.com/aboutus/leeal.htmI or such other website as provided by Fortinet. It is the Fortinet distributor's and
<br />eseller's responsibility to make clear to the end user the date the product was originally shipped from Fortinet, and it is the end
<br />user's responsibilityto understand the original ship date from the party from which the end user purchased the product. All warranty
<br />must be submitted in writing to Fortinet before the expiration of the warranty term or such claims are waived in full. Fortinet
<br />provide, no warranty for any beta, donation or evaluation Products. Fortinet warrants that the hardware portion of the Products
<br />("Hardware") will be free from material defects in workmanship as compared to the functional specifications for the period set forth
<br />as follows and applicable to the Product type ("Hardware Warranty Period'): (a) a three hundred sixty-five (365) day limited warranty
<br />for the Hardware products; (b) for Forl the warranty herein shall last from the start of the warranty period as discussed above
<br />until five (S) years following the product announced end -of -life date Hardware; (c) for FortiSwitch Hardware appliance products other
<br />than the FortiSwitch-5000 series, the warranty herein shall last from the start of the warranty period as discussed above until five (5)
<br />years following the product announced end -of -life date Hardware. Fortinet's sole obligation shall be to repair or offer replacement
<br />Hardware for the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labor, de-
<br />instanxion, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related
<br />thereto. Such repair or replacement will be rendered by Fortinet at an authorized Fortinet service facility as determined by Fortinet.
<br />The replacement Hardware need not be new or of an identical make, model, or part; Fortinet may, in its discretion, replace the
<br />defective Hardware (or any part thereof) with any reconditioned Product that Fortinet reasonably determines is substantially
<br />equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or
<br />replacement Hardware shall beforthegreaterofthe remaining Hardware Warranty Period orninetydaysfromthe cl:lhwryofthe
<br />fired or replacement Hardware. If Fortinet determines in its reasonable discretion that a material defect is iota able of correction repo p p
<br />or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the defective Hardware
<br />will be It
<br />by Fortinet upon return to Fortinet of the defective Hardware. All Hardware (or part thereof) that is replaced by
<br />Fortinet, or for which the purchase price is refunded, shall become the property of Fortinet upon replacement or refund. Fortinet
<br />warrants that Software as initially shipped by Fortinet will substantially conform to Fortinet's then -current functional spec cations for
<br />the Software, as set forth in the applicable documentation for a period of ninety (90) days ("Software Warranty Period"), if the
<br />Software is properly installed on approved Hardware and operated as contemplated in its documentation. Fortinet's sole obligation
<br />shall be to repair or offer replacement Software for the non -conforming Software with software that substantially conforms to
<br />Fortinet', functional specifications. This obligation is exclusive of transport fees, labor, de -installation, installation, reconftguration, or
<br />return shipment and handling fees and costs, and Fortinet she have no obligation related thereto. Except as otherwise agreed by
<br />Fortinet in writing, the warranty replacement Software is provided only to the original licensee, and is subject to the terms and
<br />conditions of the license granted by Fortinft et for the Software. The Soware Warranty Period shall extend for an additional ninety (90)
<br />days after any warranty replacement software is delivered. If Fortinet determines in its reasonable discretion that a material non-
<br />conformance is incapable of cormaion or that it is not practical to repair or replace the non -conforming Software, the price paid by
<br />the original licensee for the nonconforming Software will be refunded by Fortinet; provided that the non -conforming Software (and
<br />all copies thereof) is first returned to Fortinet. The license granted respecting any Software for which a refund is given automatically
<br />terminatesimmediatelyuponrefund. Forpurpo,eoftheabovehardwareand,oftwarewarrantie,,theterm"functional
<br />specifications" means solely those specifications authorized and published by Fortinet that expressly state in such specifications that
<br />they are the functional specifications referred to in this section 6 of this Agreement, and, in the event no such specifications are
<br />provided to you with the Software or Hardware, there shall be no warranty on such Software.
<br />7. Disclaimer of Other Warranties and Restrictions.
<br />EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED "AS -IS"
<br />WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS
<br />WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. IF ANY
<br />IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCr IS SOLD, THE DURATION OF SUCH IMPLIED
<br />WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTI N ET. EXCEPT AS EXPRESSLY
<br />COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE
<br />OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE HARDWARE
<br />WARRANTY PERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTITOKEN WHICH HASA
<br />365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINET'S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY
<br />TO CERTAIN FORTINET PRODUCTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY
<br />AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE, AND FORTINET
<br />DISCLAIMS LIABILITY REGARDING YOUR WEB BROWSER'S REQUIREMENTS OR ANY THIRD PARTY DEVICE OR APPLIANCE USED TO
<br />OPERATE THE SOFTWARE.
<br />The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is
<br />authorized to be used (a) has been altered, except by Fortinet or its authorized representative, (b) has not been installed, operated,
<br />repaired, updated to the latest version, or maintained in accordance with instructions supplied by Fortinet, (c) has been subjected to
<br />abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, testing or
<br />demonstration purposes or for which Fortinet does not charge a purchase price or license fee; or (e) is procured from a non -
<br />authorized reseller or non -authorized distributor. In the case of beta, testing, evaluation, donation or free Software or Product, the
<br />end user acknowledges and agrees that such Software or Product may contain bugs or errors and could use system failures, data
<br />loss and other issues, and the end user agrees that such Software or Product is provided "as -is" without any warranty whatsoever, and
<br />Fortinet disclaims any warranty or liability whatsoever. An end user's use of evaluation or beta Software or Product is limited to thirty
<br />(30) days from original shipment unless otherwise agreed in writing by Fortinet. For clarity, notwithstanding anything to the contrary,
<br />all sales are final and no provision in this ELLA entitles you to return Products, other than as expressly set forth herein.
<br />8. Governing Law.
<br />Any disputes arising out of this Agreement or Fortinet', limited warranty shall be governed by the laws of the state of California,
<br />without regard to the confict of laws principles. In the event of any disputes arising out of this Agreement or Fortinet', limited
<br />ranty, the parties submit to the jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable,
<br />and agree that any controversy or claim arising out of or relating to this Agreement shall be determined in the federal and state courts
<br />located in Santa Clara County, California, as applicable.
<br />9. Limitation of Liability.
<br />TOT E MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE
<br />UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT UABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
<br />LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL
<br />OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF
<br />OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECrION WITH HIGH RISK ACTIVITIES, RE-
<br />INSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER
<br />FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA
<br />CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR
<br />WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY
<br />BREACH OF THE LIMITED WARRANTY IN SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
<br />DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS, AT FORTINET'S SOLE AND ABSOLUTE DISCRETION:
<br />REPAIR, REPLACEMENT, OR REFUND OF THE DEFECTIVE OR NON -CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6
<br />ABOVE; PROVIDED, HOWEVER, IN NO EVENT SHALL ANY END-CUSrOMER REMEDIES UNDER THIS ELLA AND ANY SUPPORT
<br />AGREEMENT EXCEED THE AMOUNT PAID TO FORTINET FOR THE SPECIFIC APPLICABLE DEFECTIVE OR NON -CONFORMING PRODUCT
<br />AT ISSUE.
<br />10. Compliance with Laws, including Import/Export Laws and FCPA.
<br />You are advised that the Products may be subject to the United States Export Administration Regulations and other import and export
<br />laws; diversion Contrary to United States law and regulation is prohibited. You agree to complywith all applicable international and
<br />national laws that apply to the Products as well as end user, end -use, and destination restrictions issued by U.S. and other
<br />governments For additional information on U.S. export controls see htto,://wwmbis.doc v. Fortinet assumes no respon,i bility or
<br />liability foryourfailure to obtain any necessary import and export approvals and licenses,
<br />and Fortinet reserves the right to terminate
<br />or suspend shipments, services and support in the event Fortinet has a reasonable basis to suspect any import or export violation.
<br />You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions
<br />against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for any
<br />use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by
<br />regulation or specific written license. Additionally, you agree not to directly or Ind l rectly export, Import or transmit the Products
<br />ontrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or
<br />se. Furthermore, you hereby agree that, for any orders that you place with Fortinet whereby any legal or regulatory requirements
<br />may apply to Fortinet such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade
<br />Agreements Act: you are responsible to ensure the Purchase Order submitted to Fortinet by you and/or any partners clearly states the
<br />specific requi remerd in writing, or otherwise Fortinet is not bound by any such requirements. You represent that you understand, and
<br />you hereby agree to comply with, all applicable laws including but not limited to the U.S. Foreign Corrupt Practices Act. You
<br />represent that you hereby agree that you and your employees have not accepted, and will not accept, anything of value, including
<br />money, meals, entertainment, paid -for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything
<br />else of value, in exchange for Fortinet maintaining current business or for new business opportunities. You represent and warrant to
<br />Fortinet that you and your employees, consultants, agents and representatives Coil I not use Fortinet's products and services to engage
<br />in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or
<br />excessive e of force. You agree you and your employees will be responsible to comply in full with all laws and policies applicable to
<br />any and all dealings with Fortinet in general and its distributors, resellers and partners.
<br />21. U.S. Government End Users.
<br />The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer
<br />software documentation;' respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use,
<br />modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the
<br />United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent
<br />expressly permitted by the terms of this Agreement and Its successors.
<br />22. Tax Liability.
<br />You agree to be responsible for payment of any sales or use taxes imposed at anytime on this transaction.
<br />23. General Provisions.
<br />Except as specifically permitted and required in section 5 ("Transfer') above, you agree not to assign this Agreement or transfer any of
<br />the rights or obligations under this Agreement without the prior written consent of Fortinet. This Agreement shall be binding upon,
<br />and inure to the benefit of, the successors and permitted assigns of the parties. The United Nations Convention on Contracts for the
<br />International Sales of Goods is expressly excluded. This Agreement and other Fortinet agreements may be amended or supplemented
<br />only by a writing that refers explicitly to the agreement signed on behalf of both parties, or, for this Agreement, as otherwise
<br />expressly provided in the lead-in above Section 1 above, provided, notwithstanding anything to the contrary and except for this
<br />Agreement which may be amended or updated as expressly provided in the lead-in above Section I above, for any amendment or
<br />other agreement to be binding on Fortinet, such amendment or other agreement must be signed by Fortinet's General Counsel. No
<br />waiver will be implied from conductor failure to enforce rights nor effective unless in a writing signed on behalf oft eparty against
<br />whom the waiver is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent
<br />permitted and the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand
<br />it, and agree to be bound by its terms and conditions. Notwithstanding anything to the contrary, this ELLA constitutes the entire
<br />agreement between Fortinet and its end -customers and supersedes any and all prior representations or conflicting provisions, such as
<br />limitations of liability, warranties, or otherwise in any and all purported end customer agreements, whether entered into now or in
<br />the future. In the event of a conflict between this ELLA and another agreement, this EULA shall prevail unless the conflicting
<br />agreement expressly states that it replaces this EULA, expressly referring to this EULA, and is agreed to in writing by authorized
<br />representatives of the parties (which, in the case of Fortinet, is Fortinet's General Counsel).
<br />14. Privacy.
<br />You agree to Fortinet's collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy
<br />policy on the Fortinet web site (htto://www.fortinet.com/about-us/oriwo,html), Ind di ng (a) FoI ret's use of the Customer
<br />information to send information regarding Fortinet products and services; and (b) Fortinet's disclosure of your information to provide
<br />assistance to law enforcement, governmental agencies and other authorities or to allow Fortinet to protect its Customers and/or end
<br />users' rights.
<br />15. Open Source Software.
<br />Fortinet's products may include software modules that are licensed (or sublicensed) to the user under the GNU General Public
<br />License, Version 2, of June 1991("GPL") or GNU Lesser General Public License, Version 2.1, of February 1999 ("LGPL") or her open
<br />source software licenses which, among other rights, permit the user to use, copy, modify and redistribute modules, or portions
<br />thereof, and may also require attribution disclosures and access to the source code ("Open Source Software"). The GPL requires that
<br />for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source
<br />code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available
<br />on This CD or download package. If any Open Source Software licenses require that Fortinet provide rights to use, Copy or modify any
<br />Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence
<br />ver the rights and restrictions herein. Fortinet will provide, for a charge reflecting our standard distribution costs, the complete
<br />machine-readable co of the modified software modules. To obtain a complete machine-readable co lease send a written
<br />PY P st, P your
<br />request, along with a check in the amount of US $25.00, to General Public License Source Code Request, Fortinet, Inc., 899 Kifer Rd,
<br />Sunnyvale, CA 94086 USA. To receive the modified software modules, you must also include the fallowing information: (a) Name, (b)
<br />Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased If applicable), (f) Product Serial Number (if applicable). All
<br />open source software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by
<br />applicable law. The copyright holders provide these software modules "AS-15" without warranty of any kind, either expressed or
<br />implied. In no event will the copyright holder for the open source software be liable to you for damages, including any special,
<br />incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been
<br />advised of the possibility of such damages. A full copy of this license, including additional open source software license disclosures and
<br />third party license disclosures applicable to certain Fortinet products, may obtained by contacting Fortinet's Legal Department at
<br />eeal Cafortinet Tin.
<br />March 2021 EULA; Copyright 0 2021 Fortinet, Inc., All Rights Reserved. Contents and Terms Are Subject to Change by Fortinet Without Prior Notice. Page 1 of 2
<br />
|