censoar.amerisourcebergen.com Open in urlscan Pro
209.182.173.155  Public Scan

URL: https://censoar.amerisourcebergen.com/
Submission: On March 08 via api from US — Scanned from US

Form analysis 1 forms found in the DOM

Name: auth

<form class="cs-form login-body ng-pristine ng-scope ng-invalid ng-invalid-required" name="auth" data-ng-if="strategy === AUTH_STRATEGIES.AUTH">
  <h5 class="margin-top-0">Login</h5>
  <div class="form-group margin-top-20"><label for="login_username" class="form-label font-size-12">Username</label><input class="form-control ng-pristine ng-untouched ng-empty ng-invalid ng-invalid-required" type="text" id="username"
      name="login_username" data-ng-model="credentials.loginid" data-cs-focus="" autocomplete="off" required="" aria-invalid="true">
    <div data-cs-messages="auth.login_username" class="ng-isolate-scope">
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          data-ng-message="required" data-ng-if="!ignoreRequired" class="ng-scope">This field is required.</span><!-- end ngIf: !ignoreRequired --> <!-- ngMessage: url --> <!-- ngMessage: date --> <!-- ngMessage: email -->
        <!-- ngMessage: datetime --> <!-- ngMessage: editable --> <!-- ngMessage: number --> <!-- ngMessage: uploading --> <!-- ngMessage: compareTo --> <!-- ngMessage: minlength --> <!-- ngMessage: minTime --> <!-- ngMessage: min -->
        <!-- ngMessage: tagsLength --> <!-- ngMessage: maxlength --> <!-- ngMessage: max --> <!-- ngIf: field.validation.patternError --> <!-- ngMessage: pattern --> <!-- ngMessage: internationalPhone --> <!-- ngMessage: unique -->
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        <!-- ngMessage: domain --> <!-- ngMessage: filehash --> <!-- ngMessage: alphaCharacter --> <!-- ngMessage: multipleEmail --></div>
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        <!-- ngMessage: reservedFields --> <!-- ngMessage: lowerCaseUnderscoresNumbers --> <!-- ngMessage: camelCaseUnderscoresNumbers --> <!-- ngMessage: camelCaseNumbers --> <!-- ngMessage: ipv4 --> <!-- ngMessage: ipv6 -->
        <!-- ngMessage: domain --> <!-- ngMessage: filehash --> <!-- ngMessage: alphaCharacter --> <!-- ngMessage: multipleEmail --></div>
    </div>
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  <div class="login-link margin-bottom-xlg"><span data-ng-click="fpInput.fpEnable=true" class="display-inline-block padding-bottom-md margin-top-12" role="button" tabindex="0">Forgot Password?</span></div>
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</form>

Text Content

BROWSE FORTISOAR CONTENT HUB AND DISCOVER WIDE VARIETY OF CURATED OUT-OF-THE-BOX
CONTENT TO MEET YOUR NEEDS

A cauldron of Solution Packs, integrations, use cases, widgets and lot more of
such community powered helpful content

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PRODUCT LICENSE AGREEMENT / EULA AND WARRANTY TERMS


PRODUCT LICENSE AGREEMENT

The parties to this agreement are you (the end-customer) and Fortinet, Inc.
("Fortinet"). CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE OR THIS
"AGREEMENT" OR "EULA"). USE OR INSTALLATION 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 ACCEPTANCE BY YOU OF THE TERMS IN THIS
AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY
FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. 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. 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 TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER
THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT, IMMEDIATELY
NOTIFY FORTINET LEGAL LEGAL@FORTINET.COM OF REQUESTED EULA CHANGES.


1. LICENSE GRANT.

This is a license agreement between you and Fortinet, not a sales agreement. 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 nontransferable (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, in the event of termination,
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) agreed by Fortinet in writing, (b) you are authorized by Fortinet in
writing to provide managed service provider services (“MSSP”) to your
end-customers, and (c) you pay for an MSSP license, then you may use the
Software and/or Software embedded in Fortinet Hardware 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 (including license term restrictions),
and solely on the Fortinet appliance, or, in the case of blades, CPUs, platform,
devices or databases, on the single blade, CPU, platform, device 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 unless and except set forth in the published
documentation otherwise. For clarity, notwithstanding anything to the contrary,
all licenses of Software to be installed on blades, CPUs, platforms, devices or
databases are licensed per blade, solely for one blade and not for multiple
blades that may be installed in a chassis, per CPU, per platform, per device, or
per database basis, up to the blade, CPU, platform, device, database number
defined in the license and as applicable and in accordance with the
documentation. The Software is "in use" on any appliances, blades, CPUs,
platforms, devices, or databases when it is loaded into temporary memory (i.e.
RAM), accessed, downloaded, installed, or used on an appliance, blade, CPU,
platform, device, or database. 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 are prohibited from and 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 (except as
expressly permitted for MSSP partners); (c) transfer assign or sublicense right
to any other person or entity (except as provided in section 5): (d) remove any
proprietary notice, labels, or marks on the Software, Products, and containers;
(e) use the Software to determine, or disclose the results of, any benchmarking
or performance measurements; (f) interfere with a platform for use of the
Software; (g) use the Software on a device not owned and controlled by you; (h)
use automated means to access online portions of the platform for the Software;
(i) use the Software for thirdparty training, commercial time-sharing or service
bureau use or (except as expressly set forth in this Agreement) use the Software
to provide services to third parties, (j) share non-public features or content
of the software with any third party; (k) access the software in order to build
a competitive product or service, to build a product using similar ideas,
features, functions or graphics of the software, or to copy any ideas, features,
functions or graphics of the software; or, (l) engage in web scraping or data
scraping on or related to the software, including without limitation, collection
of information through any software that simulates human activity or any bot or
web crawler.


3. PROPRIETARY RIGHTS.

All rights (including copyrights, trade secret, patent and other intellectual
property rights), title, interest in and to the Software and any Product, and
any copy thereof remain with Fortinet. You acknowledge that no title or other
intellectual property rights 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 limited license as expressly set forth in section 1 (“License
Grant”) above. You expressly agree and acknowledge that Fortinet owns, retains,
and shall retain all intellectual property rights in and to, and you have no
intellectual property rights in and to, the Products and the Software other than
the License Grant. You agree to keep confidential all Fortinet confidential
information and only to use such information for the purposes for which Fortinet
disclosed it.


4. TERM AND TERMINATION.

The term of the license is the shorter of (a) the term as set forth in the
ordering documents, other Fortinet documentation, or per Fortinet practices or
policies (such as with evaluation or beta licenses or subscription or other term
licenses) and (b) 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 or for other reasons as stated in Fortinet’s
other documentation. 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.


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 Agreement and therefore wishes to return the Product(s) as
provided for in this Agreement. Further, if you are a non-authorized reseller of
Products and Services, you are not authorized to sell Product(s), Software or
Services, but, regardless, by selling Product(s), Software or Services, you
hereby agree you are bound by the restrictions and obligations herein and are
bound to: (i) ensure that your customer and the end user receive a copy of this
Agreement and are bound in full by all restrictions and obligations herein (ii)
enforce the restrictions and obligations in this Agreement against such customer
and/or end user, (iii) comply with all applicable United States export control
laws and regulations and all other applicable laws, and (iv) refund any fees
paid to you by a customer and/or end user who purchased Product(s) from you but
does not agree to the restrictions and obligations contained in this Agreement
and therefore wishes to return the Product(s) as provided for in this Agreement.
Notwithstanding anything to the contrary, distributors, resellers and other
Fortinet partners (a) are not agents of Fortinet and (b) are not authorized to
bind Fortinet in any way. Fortinet’s license, warranty, and support is only
available for Products that you purchased directly from an authorized Fortinet
channel partner. Products not purchased from an authorized Fortinet channel
partner are not eligible, will not be supported, and may be blocked from
registration.


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 properly registered on Fortinet’s Support
Website, https://support.fortinet.com, or such other website as provided by
Fortinet, or for which the warranty otherwise starts according to Fortinet’s
policies, and any support is only valid for products properly purchased through
authorized distributors and resellers. The warranty periods discussed below will
start according to Fortinet’s policies posted at
http://www.fortinet.com/aboutus/legal.html or such other website as provided by
Fortinet. 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. Fortinet provides no warranty
for any beta, donation or evaluation Products. Fortinet warrants that the
hardware portion of the Products ("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) a three hundred sixty-five (365) day limited warranty for the
Hardware products; (b) for FortiAP, the warranty herein shall last from the
start of the warranty period as discussed above until five (5) years following
the product announced end-of-life date Hardware; (c) for FortiSwitch Hardware
appliance products other than the FortiSwitch-5000 series, the warranty herein
shall last from the start of the warranty period as discussed above until five
(5) years following the product announced end-of-life date Hardware. Fortinet's
sole obligation shall be to repair or offer replacement Hardware for the
defective Hardware at no charge to the original owner. This obligation is
exclusive of transport fees, labor, deinstallation, installation,
reconfiguration, or return shipment and handling fees and costs, and Fortinet
shall have no obligation related thereto. 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. Fortinet warrants that Software as initially shipped by
Fortinet 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 offer
replacement Software for the non-conforming Software with software that
substantially conforms to Fortinet's functional specifications. This obligation
is exclusive of transport fees, labor, de-installation, installation,
reconfiguration, or return shipment and handling fees and costs, and Fortinet
shall have no obligation related thereto. Except as otherwise agreed by Fortinet
in writing, the warranty 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 warranty replacement software is
delivered. If Fortinet determines in its reasonable discretion that a material
nonconformance 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 specifications 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
FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM
FORTINET’S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN
FORTINET PRODUCTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE
COMPLETE SECURITY AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A
SECURITY GUARANTEE OR ASSURANCE, AND FORTINET DISLAIMS LIABILITY REGARDING YOUR
WEB BROWSER’S REQUIREMENTS OR ANY THIRD PARTY DEVICE OR APPLIANCE USED TO
OPERATE THE 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, updated to the
latest version, or maintained in accordance with instructions supplied by
Fortinet, (c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation,
testing or demonstration purposes or for which Fortinet does not charge a
purchase price or license fee; or (e) is procured from a nonauthorized reseller
or non-authorized distributor. In the case of beta, testing, evaluation,
donation 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. For clarity,
notwithstanding anything to the contrary, all sales are final and no provision
in this EULA entitles you to return Products, other than as expressly set forth
herein.


8. GOVERNING LAW.

Any disputes arising out of this Agreement or Fortinet’s limited warranty shall
be governed by the laws of the state of California, without regard to the
conflict of laws principles. In the event of any disputes arising out of this
Agreement or Fortinet’s limited warranty, the parties submit to the jurisdiction
of the federal and state courts located in Santa Clara County, California, as
applicable, and agree that any controversy or claim arising out of or relating
to this Agreement shall be determined in the federal and state courts located in
Santa Clara County, California, as applicable.


9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE
CONTRARY, 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 DAMAGES OF ANY KIND WHATSOEVER, 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,
DEINSTALLATION AND INSTALLATION FEES AND COSTS, 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, AT FORTINET’S
SOLE AND ABSOLUTE DISCRETION: REPAIR, REPLACEMENT, OR REFUND OF THE DEFECTIVE OR
NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE; PROVIDED,
HOWEVER, IN NO EVENT SHALL ANY END-CUSTOMER REMEDIES UNDER THIS EULA AND ANY
SUPPORT AGREEMENT EXCEED THE AMOUNT PAID TO FORTINET FOR THE SPECIFIC APPLICABLE
DEFECTIVE OR NON-CONFORMING PRODUCT AT ISSUE.


10. COMPLIANCE WITH LAWS, INCLUDING IMPORT/EXPORT LAWS AND FCPA.

You are advised that the Products may be subject to the United States Export
Administration Regulations and other 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
https://www.bis.doc.gov. Fortinet assumes no responsibility or liability for
your failure to obtain any necessary import and export approvals and licenses,
and Fortinet reserves the right to terminate or suspend shipments, services and
support in the event Fortinet has a reasonable basis to suspect any import or
export violation. 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 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 hereby agree that, for any orders that you place with Fortinet
whereby any legal or regulatory requirements may apply to Fortinet such as
requirements related to the International Traffic in Arms Regulations, or Buy
American Act, or the Trade Agreements Act: you are responsible to ensure the
Purchase Order submitted to Fortinet by you and/or any partners clearly states
the specific requirement in writing, or otherwise Fortinet is not bound by any
such requirements. You represent that you understand, and you hereby agree to
comply with, all applicable laws including but not limited to the U.S. Foreign
Corrupt Practices Act . You represent that you hereby agree that you and your
employees have not accepted, and will not accept, anything of value, including
money, meals, entertainment, paid-for travel, beta, testing, evaluation,
donation or free Products and/or related services, or anything else of value, in
exchange for Fortinet maintaining current business or for new business
opportunities. You represent and warrant to Fortinet that you and your
employees, consultants, agents and representatives will not use Fortinet’s
products and services to engage in, or support in any way, violations or abuses
of human rights, including those involving censorship, surveillance, detention,
or excessive use of force. You agree you and your employees will be responsible
to comply in full with all laws and policies applicable to any and all dealings
with Fortinet in general and its distributors, resellers and partners.


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 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
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 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. Notwithstanding anything to the contrary, this EULA constitutes the
entire agreement between Fortinet and its end-customers and supersedes any and
all prior representations or conflicting provisions, such as limitations of
liability, warranties, or otherwise in any and all purported end customer
agreements, whether entered into now or in the future. In the event of a
conflict between this EULA and another agreement, this EULA shall prevail unless
the conflicting agreement expressly states that it replaces this EULA, expressly
referring to this EULA, and is agreed to in writing by authorized
representatives of the parties (which, in the case of Fortinet, is Fortinet’s
General Counsel).


14. PRIVACY.

You agree to Fortinet’s collection, use, disclosure, protection and transfer of
your information, as set forth in the Fortinet privacy policy on the Fortinet
web site (http://www.fortinet.com/about-us/privacy.html), including (a)
Fortinet’s use of the Customer information to send information regarding
Fortinet products and services; and (b) Fortinet’s disclosure of your
information to provide assistance to law enforcement, governmental agencies and
other authorities or to allow Fortinet to protect its Customers’ and/or end
users’ rights.


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
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Copyright (C) 1989, 1991 Free Software Foundation, Inc.
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