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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 www.bis.doc.gov. Fortinet assumes no responsibility or liability for your failure to obtain any necessary import
and export approvals. 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 privi-
leges. 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 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. For beta, testing, evaluation, donation or free Products
and/or related services, you hereby agree, represent and warrant to Fortinet that (a) receipt of the Products and/or
services comply with all policies and you have obtained all necessary approvals for such Products and/or services,
(b) the Products and/or services are not provided in exchange for Fortinet maintaining current business or for new
business opportunities, and (c) the Products and/or services are not being received for the benefit of, and are not
being transferred to, any government entity, representative or affiliate.
11. U.S. Government End Users.
The Software and accompanying documentation are deemed to be "commercial computer software" and "commer-
cial 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 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 Agree-
ment 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.
14. Privacy.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain and use personal informa-
tion supplied, including name, address, and e-mail address of individuals and payment details and other informa-
tion. 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 notice provided by you in
writing per below. 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 subcontractors 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 Febru-
ary 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 distributed to someone in an executable binary format, that the source code also be made available
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