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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 the payment of any sales or use taxes imposed at any time whatsoever 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. This Agreement will be governed by the laws of California, without regard to that body of law
controlling conflicts of law. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. In the event of any
claim arising out of this Agreement, the parties herby submit to the jurisdiction of the federal and state courts located in Santa Clara County, Cali-
fornia, as applicable. 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, the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand it, and agree to be
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14. Privacy.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain and use personal information supplied, including name,
address, and e-mail address of individuals and payment details and other information. Personal information will be used primarily to provide services
and product functionality to end users. Fortinet may also use personal information for additional communication, subject to an opt-out indication in
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form functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. Fortinet may share personal
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Fortinet privacy policy on the Fortinet web site (www.Fortinet.com).
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 and
access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distrib-
uted 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 a 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., 1090 Kifer Rd, Sunnyvale, CA 94086 USA. In order
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 dam-
ages, 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 at legal@fortinet.com.
GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
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 Program 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 modifi-
cations 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
Version 2, June 1991
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 in-
tent 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
noncommercial 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 installa-
tion 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 itself 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
Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the
Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licen-
sor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients'
exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are
imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obliga-
tions, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of
the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this
section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices.
Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of
that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose
that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribu-
tion is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this
License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be
similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version
number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the
terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a ver-
sion number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make excep-
tions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the
sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY AP-
PLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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