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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 Agreement 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 LI-
ABILITY, 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 CONNECTION 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 regula-
tion 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.
Page 15
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