End User License Agreement for FortiClientSSLVPN

Fortinet Inc.
FortiClientSSLVPN (TM) License Agreement
This End User License Agreement (EULA) is an agreement between you (eith
er an individual or a single entity) and Fortinet, Inc. ("Fortinet"), which cove
rs your use of the Fortinet software product that accompanies this EULA and rela
ted software components, which may include associated media, printed materials,
and "online" or electronic documentation. All such software and materials are re
ferred to herein as the "Software Product."
A software license and a license key or "unlock code" ("Software Product
License"), issued to a designated user only by Fortinet or its authorized agent
s, is required for each computer on which the Software Product is loaded. If you
do not agree to the terms of this EULA, then do not install or use the Software
Product or the Software Product License. By explicitly accepting this EULA or b
y installing, copying, downloading, accessing, or otherwise using the Software P
roduct and/or Software Product License, you are acknowledging and agreeing to be
bound by the following terms and conditions of use:
1. Grant of Non-Exclusive License.
1.1
Grant of License. Fortinet grants to you the non-exclusive, non-transfe
rable right to use the Software Product on a single computer running a validly l
icensed copy of the operating system for which the Software Product was designed
pursuant to a Software Product License for free for a period of up to thirty (3
0) days ("Free Trial Period"). After expiration of the Free Trial Period, if You
want to continue using the Software, then
You must purchase a Commercial Use License.
1.2
Software Product License. The Software Product License, which is issued
to a designated computer, enables you to use the Software Product on a single c
omputer system. You may not modify or create derivative copies of the Software P
roduct License.
1.3
Backup Copy: Software Product. You may make copies of Software Product a
s reasonably necessary for the use authorized above, including as needed for bac
kup and/or archival purposes. You may install each Software Product License on a
single computer system and make copies of the Software Product License as neces
sary only for backup and/or archival purposes. No other copies may be made. Eac
h copy must reproduce all copyright and other proprietary rights notices on or i
n the Software Product.
2. Intellectual Property Rights Reserved. The Software Product is protected by U
.S. and international copyright laws and treaties, as well as other intellectual
property laws and treaties. You must not remove or alter any copyright notices
on any copies of the Software Product. This Software Product copy is licensed, n
ot sold. Furthermore, this EULA does not grant you any rights in connection with
any trademarks or service marks of Fortinet. Fortinet reserves all intellectual
property rights, including copyrights, and trademark rights.
3. Restrictions on Use. You may not rent, lease, lend, or in any way distribute
or transfer any rights in this EULA or the Software Product to third parties wit
hout Fortinet's written approval and subject to written agreement by the recipie
nt of the terms of this EULA. You may not reverse engineer, decompile, defeat l
icense encryption mechanisms, or disassemble the Software Product or Software Pr
oduct License except and only to the extent that such activity is expressly perm
itted by applicable law notwithstanding this limitation.

4. Support Services. Fortinet may provide you with support services related to
the Software Product. Use of any such support services is governed by the Fortin
et polices and programs described in "online" documentation and/or other Fortine
t-provided materials. Any supplemental software code or related materials that F
ortinet provides to you as part of the support services is to be considered part
of the Software Product and is subject to the terms and conditions of this EULA
. With respect to any technical information you provide to Fortinet as part of t
he support services, Fortinet may use such information for its business purposes
without restriction, including for product support and development. Fortinet wi
ll not use such technical information in a form that personally identifies you.
5. Termination. This Agreement will terminate immediately and automatically wit
hout notice if You breach any provision in this Agreement. Upon termination You
will remove all copies of the Software or any part of the Software from any and
all computer storage
devices and destroy the Software. At Fortinet's request, You or your authorized
signatory, will certify in writing to Fortinet that all complete and partial cop
ies of the Software
have been destroyed and that none remain in your possession or under your contro
l. The provisions of this Agreement, except for the license grant and warranty,
will survive termination.
6. Export Restrictions. You will not export (including transferring electronica
lly over any network, including the Internet) or re-export the Software Product,
any part thereof, or any process or service that is the direct product of the S
oftware Product (collectively referred to as the "Restricted Components"), to an
y country, person, or entity -- even to foreign units of your own company -- in
violation of U.S. export restrictions.
7. NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE
"AS IS," AND FORTINET (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARR
ANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED B
Y APPLICABLE LAW, FORTINET (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAI
M ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATU
TORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITI
ONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE O
F THE SOFTWARE PRODUCT REMAINS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF I
MPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTE
NT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL FORTINET (OR ITS THIRD PARTY S
UPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVIC
ES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVE
R (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPOR
T SERVICES, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
. IN ANY CASE, FORTINET'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE
LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUN
T ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00.
9. Disclosure of Personal Information. Upon download of the Software Product an
d/or payment of the license fee, the Software Product License will indicate to F
ortinet that you have downloaded the Software Product and/or paid a license fee.
YOUR PERSONAL IDENTIFIABLE INFORMATION WILL BE MAINTAINED BY FORTINET IN CONFID

ENCE IN ACCORDANCE WITH THE COMPANY'S PRIVACY POLICY AS POSTED ON THE FORTINET W
EB SITE; HOWEVER, FORTINET MAY DISCLOSE THIS INFORMATION TO A THIRD-PARTY PURSUA
NT TO A VALID SUBPOENA OR COURT ORDER.
10. Governing Law; Arbitration; Entire Agreement. This EULA is governed by the l
aws of the State of California, U.S.A., excluding the application of its conflic
t of law rules. The United Nations Convention for the International Sale of Good
s shall not apply Any controversies or claims arising from or relating to this A
greement, or the breach or validity thereof, which cannot be amicably settled by
and between the parties, shall be referred to and finally settled by arbitratio
n. The place of arbitration shall be Santa Clara, California, pursuant to the St
reamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation
Services (JAMS), or its successor, before a sole, mutually agreeable arbitrator
, in accordance with the laws of the State of California for agreements made in
and to be performed in that State. Judgment on the Award may be entered in any
court having jurisdiction. This EULA is the entire agreement between us and supe
rsedes any other communications or advertising with respect to the Software Prod
uct; this EULA may be modified only by written agreement signed by authorized re
presentatives of you and Fortinet.
By typing ["Yes"] or ["Y"], you are accepting and agreeing to the terms of this
EULA and representing and warranting that you are authorized to do so. If you a
re not willing to be bound by the terms of this EULA, you should type ["No"] or
["N"].