Product License Agreement - Fortinet FortiAP Quick Start Manual

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Product License Agreement

Fortinet Product License Agreement / EULA and Warranty Terms

Trademarks and Copyright Statement

Fortinet®, FortiGate®, and FortiGuard® are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be trademarks, registered or other-

Contents and terms are subject to change by Fortinet without prior notice. No part of this publication may be reproduced in any form or by any means or used to

make any derivative such as translation, transformation, or adaptation without permission from Fortinet, Inc., as stipulated by the United States Copyright Act of

1976.

Product License Agreement

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 FOL-

LOWING LEGAL AGREEMENT (THE OR THIS "AGREEMENT" OR "EULA"). USE OF FORTINET PRODUCT(S) AND ANY UPDATES THERETO, INCLUDING HARDWARE AP-

PLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER,

THE "PRODUCTS") CONSTITUTES 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 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 accompany-

ing 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 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

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