Product License Agreement - Fortinet FortiGate-40C-LENC Quick Start Manual

10. Product License Agreement

Product License Agreement
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS "AGREEMENT"). USE OF FORTINET, INC. ("FORTINET") PRODUCT(S) AND ANY UPDATES THERETO, INCLUDING HARDWARE
APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE "PRODUCTS") CON-
STITUTES ACCEPTANCE BY YOU OF THE PROVISIONS IN THIS AGREEMENT. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN ANY ORDER, RELEASE,
ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL
OF FORTINET. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS AGREEMENT TO THE TERMS HEREIN, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET'S DISCRETION
BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD PROMPTLY RETURN THE PRODUCTS TO THE
LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND. IF YOU DO NOT AGREE TO All OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE
PRODUCTS.
1. License Grant.
This is a license, not a sales agreement, between you and Fortinet. The term "Software", as used throughout this Agreement, includes all Fortinet and third party firmware and software provided
to you with, or incorporated into, Fortinet appliances and any stand-alone software provided to you by Fortinet, with the exception of any open source software contained in Fortinet's Products
which is discussed in detail in section 15 below, and the term "Software" includes any accompanying documentation, any updates and enhancements of the software or firmware provided to
you by Fortinet, at its option. Subject to proper payment to Fortinet and your compliance with the other terms and conditions, Fortinet grants to you a non-transferable (except as provided in
section 5 ("Transfer") and section 13 ("Open Source Software") below), non-exclusive license to use the Software solely for your internal business purposes, in accordance with the terms set
forth in this Agreement and subject to any further restrictions in Fortinet documentation, and solely on the Fortinet appliance, or, in the case of blades, CPUs or databases, on the single blade,
CPU or database on which Fortinet installed the Software or, for stand-alone Software, solely on a single computer running a validly licensed copy of the operating system for which the Software
was designed, or, in the case of blades, CPUs or databases, on a single blade, CPU or database. For clarity, notwithstanding anything to the contrary, all licenses of Software to be installed on
blades, CPUs or databases are licensed on a per single blade, solely for one blade and not for multiple blades that may be installed in a chassis, per single CPU or per single database basis, as
applicable. The Software is "in use" on any Fortinet appliances when it is loaded into temporary memory (i.e. RAM). Note that, for evaluation or beta Products for which Fortinet does not charge
a fee, the payment requirement does not apply and the Product is provided to you as-is and you are not entitled to any warranty, under section 6 ("Limited Warranty") below or otherwise. You
agree that, except for the limited, specific license rights granted in this section 1, you receive no license rights to the Software.
2. Limitation on Use.
You may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to, (a) modify, translate, reverse engineer, decompile,
disassemble, create derivative works based on, 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 available or
accessible to third parties in any other manner; (c) except as provided in section 5, transfer assign or sublicense right to any other person or entity, or (d) remove any proprietary notice, labels,
or marks on the Software, Products, and containers.
3. Proprietary Rights.
All rights, title, interest, and all copyrights to the Software and any copy made thereof by you and to any Product remain with Fortinet. You acknowledge that no title to the intellectual property
in the Software or other Products is transferred to you and you will not acquire any rights to the Software or other Products except for the specific license as expressly set forth in section 1
("License Grant") above.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement, the term of the license is for the duration of Forti-
net's copyright in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms
and conditions of this Agreement. You agree that, upon such termination, you will cease using the Software and any Product and either destroy all copies of the Fortinet documentation or return
all materials to Fortinet. The provisions of this Agreement, other than the license granted in section 1 ("License Grant"), shall survive termination.
5. Transfer.
If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in writing by Fortinet) the Software to one end
user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product
or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations,
and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this EULA and therefore wishes to return the
Product(s) as provided for in this Agreement.
6. Limited Warranty.
Fortinet provides this limited warranty for its product only to the single end-user person or entity that originally purchased the Product from Fortinet or its authorized reseller or distributor and
paid for such Product. The warranty is only valid for Products which are registered on Fortinet's Support Website: https://support.fortinet.com. For the below software warranty to start, registra-
tion must take place within three hundred sixty-five (365) days from the date the Product was originally shipped from Fortinet's facilities or the warranty is null and void and will not be honored.
For the hardware warranty, such warranty starts on the earlier of the date of Product registration on Fortinet's Support Website or ninety (90) days from the date that the Product was originally
shipped from Fortinet's facilities. It is the Fortinet distributor's and reseller's responsibility to make clear to the end user the date the product was originally shipped from Fortinet, and it is the
end user's responsibility to understand the original ship date from the party from which the end user purchased the product. All warranty claims must be submitted in writing to Fortinet before
the expiration of the warranty term or such claims are waived in full, i.e. ninety (90) days from the earlier of registration or the automatically started term for hardware and spare parts claims
and three hundred sixty-five (365) days from registration within three hundred sixty-five (365) days from shipment for software claims. Fortinet provides no warranty for any beta or evaluation
Products, for any spare parts not purchased directly from Fortinet by the end-user, for any accessories, or for any stand-alone software.
Fortinet warrants that the hardware portion of the Products, including spare parts unless noted otherwise ("Hardware") will be free from material defects in workmanship as compared to
the functional specifications for the period set forth as follows and applicable to the Product type ("Hardware Warranty Period"): a three hundred sixty-five (365) day limited warranty for the
Hardware excluding spare parts, and, for spare parts, solely a ninety (90) days limited warranty. Fortinet's sole obligation shall be to repair or replace the defective Hardware at no charge to the
original owner. This obligation is exclusive of transport fees, labor or installation costs, and any other cost which are not directly associated to the Product. Such repair or replacement will be
rendered by Fortinet at an authorized Fortinet service facility as determined by Fortinet. The replacement Hardware need not be new or of an identical make, model, or part; Fortinet may, in its
discretion, replace the defective Hardware (or any part thereof) with any 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.
90-day Software Warranty: Fortinet warrants that the software portion of Hardware Products 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 replace the non-conforming Software with software that substantially conforms to Fortinet's functional specifications. Except
as otherwise agreed by Fortinet in writing, the 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 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 specifi-
cations 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 MERCHANTABILITY, 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 FORTIFONE WHICH HAS A NINETY (90) DAY LIMITED WARRANTY AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN
FORTINET PRODUCTS, INCLUDING FortiWifi-ONE AND VDOM 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, or maintained in accordance with instructions supplied by Fortinet, (c) has been subjected to abnormal physical or
electrical stress, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee.
In the case of beta, testing, evaluation 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.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conflicts of laws principles thereof. In all events the terms of this Agree-
ment and the limitations of liability, disclaimers of warranties and other restrictions herein shall be enforced to the maximum extent permissible by applicable law.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 INCONVENIENCE OR DAMAGES OF ANY CHARACTER, 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 CON-
NECTION WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER 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 REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-
CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
10. Export Control; FCPA Compliance.
You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; 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 Software 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 export approvals.
Furthermore, 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 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 Software 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 Software contrary to the laws or regulations of any other governmental
entity that has jurisdiction over such export, import, transmission or use.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," 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, California, 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 bound by its terms and conditions.
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 writing not to accept such communications from Fortinet and subject to applicable laws. Fortinet may engage other companies and
individuals to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. Fortinet may share personal information with such sub-
contractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement,
you agree and consent to the transfer the supplied personal information to Fortinet's offices in the United States and elsewhere, for the purposes stated above. For more detailed information on
the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the 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 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 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 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 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 contain-
ing 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.
Version 2, June 1991