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 may also be trademarks,
registered or otherwise, of Fortinet. All other product or company
names may be trademarks of their respective owners. Copyright
© 2016 Fortinet, Inc., All Rights reserved. 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 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
THE FORTINET LEGAL TEAM IN WRITING AT LEGAL@FORTINET.COM
OF REQUESTED CHANGES TO THIS AGREEMENT.
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
unless and except set forth in the published documentation
otherwise, 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, (d) remove any proprietary notice, labels,
or marks on the Software, Products, and containers, or (e) use
the Software for third-party training, commercial time-sharing or
service bureau use or use the Software to provide services to third
parties except as expressly set forth in this Agreement.
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. You expressly agree and acknowledge that Fortinet
owns 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.
Except for evaluation and beta licenses or other licenses, such
as subscription licenses, where the term of the license is limited
per the evaluation/beta or other agreement, in the ordering
documents or otherwise, 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 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
