End User License Agreement for FortiClientSSLVPN Fortinet Inc. FortiClientSSLVPN (TM) License Agreement This End User License Agreement (EULA) is an agreement between you (either an individual or a single entity) and Fortinet, Inc. ("Fortinet"), which covers your use of the Fortinet software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred 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 agents, 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 by installing, copying, downloading, accessing, or otherwise using the Software Product 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-transferable right to use the Software Product on a single computer running a validly licensed 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 (30) 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 computer system. You may not modify or create derivative copies of the Software Product License. 1.3 Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup 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 necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in 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, not 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 without Fortinet's written approval and subject to written agreement by the recipient of the terms of this EULA. You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted 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 Fortinet polices and programs described in "online" documentation and/or other Fortinet-provided materials. Any supplemental software code or related materials that Fortinet 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 the support services, Fortinet may use such information for its business purposes without restriction, including for product support and development. Fortinet will not use such technical information in a form that personally identifies you. 5. Termination. This Agreement will terminate immediately and automatically without 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 copies of the Software have been destroyed and that none remain in your possession or under your control. The provisions of this Agreement, except for the license grant and warranty, will survive termination. 6. Export Restrictions. You will not export (including transferring electronically 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 Software Product (collectively referred to as the "Restricted Components"), to any 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 WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTINET (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF 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 IMPLIED 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 EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL FORTINET (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (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 SUPPORT 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 AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. 9. Disclosure of Personal Information. Upon download of the Software Product and/or payment of the license fee, the Software Product License will indicate to Fortinet that you have downloaded the Software Product and/or paid a license fee. YOUR PERSONAL IDENTIFIABLE INFORMATION WILL BE MAINTAINED BY FORTINET IN CONFIDENCE IN ACCORDANCE WITH THE COMPANY'S PRIVACY POLICY AS POSTED ON THE FORTINET WEB SITE; HOWEVER, FORTINET MAY DISCLOSE THIS INFORMATION TO A THIRD-PARTY PURSUANT TO A VALID SUBPOENA OR COURT ORDER. 10. Governing Law; Arbitration; Entire Agreement. This EULA is governed by the laws of the State of California, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply Any controversies or claims arising from or relating to this Agreement, or the breach or validity thereof, which cannot be amicably settled by and between the parties, shall be referred to and finally settled by arbitration. The place of arbitration shall be Santa Clara, California, pursuant to the Streamlined 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 supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives 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 are not willing to be bound by the terms of this EULA, you should type ["No"] or ["N"].