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License agreement
& warranty
The parties to this agreement are you, the end customer, and either (i) where you have purchased your Product
within the Americas, Fortinet, Inc., or (ii) where you have purchased your Product outside of the Americas, Fortinet
Singapore Private Limited (each referred to herein as "Fortinet") .CAREFULLY READ THE FOLLOWING LEGAL AGREE-
MENT (THE OR THIS "AGREEMENT" OR "EULA"). USE OF 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") CONSTITUTES AC-
CEPTANCE 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 PUBLISH-
ING AN AMENDED OR UPDATED VERSION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO
NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DO NOT AGREE TO THE PROVISIONS OF
THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR
RECEIPT OF THE PRODUCT RETURN THE PRODUCTS TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL
REFUND FROM THE PARTNER SELLING TO YOU.
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. Fortinet grants to you a non-transferable (except as provided in section 5 ("Transfer")
and section 15 ("Open Source Software") below), non-exclusive, revocable (in the event of your failure to comply
with these terms or in the event Fortinet is not properly paid for the applicable Product) license to use the Software
solely for your internal business purposes (provided, if a substantial portion of your business is to provide managed
service provider services to your end-customers, you may use the Software embedded in FortiGate and supporting
hardware appliances to provide those services, subject to the other restrictions in this Agreement), 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). 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 or in the ordering documents, the term of the license is for the duration of Fortinet's copy-
right in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, immediately
15
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