The following terms and conditions (“this Agreement”) apply to all user accounts of Fortinet Inc.’s (“Fortinet”) Fortinet Developer Network website (“FNDN”) unless there is a signed agreement between the parties that specifically states it governs the use of FNDN. These terms and conditions apply to your access or use of FNDN, both now and in the future. By creating a user account you accept this Agreement.
1. License Grant. FNDN contains advice, documents, files, knowledge, software code, tips, tools, and related material (collectively "Information”) for development support of Fortinet products. Fortinet grants you a worldwide, limited, non-transferable, non-exclusive, revocable license to copy, download, edit, and modify the Information for your internal business purposes to support Fortinet products.
2. License Restrictions.
2.1. Proprietary Rights. All rights, title, interest, copyrights and all intellectual property rights and related rights to the Information and any copy made thereof remain with the intellectual property holder. You acknowledge that no title to the intellectual property in the Information is transferred to you and you will not acquire any rights to the Information except for the specific license as expressly set forth in the “License Grant” section, and the “Exception” subsection under the “No Transfer of Rights” section.
2.2. No Transfer of Rights. You may not assign, bequeath, display, distribute, publish, reproduce, sell or otherwise transfer or make available the Information or allow third parties to benefit from its functionality without the express written consent of Fortinet or the applicable copyright holder.
( A ) No Reverse Engineering. You may not attempt to ( a ) modify, translate, reverse engineer, decompile, disassemble, create derivative works (except as set forth below) based on, sublicense, or distribute the Information; ( b ) rent or lease any rights in the Information in any form to any third party or make the Information available or accessible to third parties in any other manner; or © remove any proprietary notice, labels, or marks on the Information.
( B ) Exception. FNDN is intended to be a collaborative environment for users to enhance their experience and knowledge of Fortinet products. As such, your license grant in the “License Grant” section, allows you to modify the Information. This means that you may create derivative works from the Information, including modification of example software code, but only if you such derivative works are used for your internal business purposes to support Fortinet products. You may distribute your derivative work ( i ) on FNDN or ( ii ) within your company for your own internal business purposes. Except for distribution ( i ) on FNDN and ( ii ) within your company, any distribution, license, display, or other transfer of the derivative work to customers, company affiliates, or other third parties, is prohibited. All derivative works must retain all proprietary notices, such as copyright, in the same form as the original Information.
3. User Accounts.
3.1. General. You need a user account in order to access the Information. All user accounts are personal to the individual person to whom it is registered. You may not assign, bequeath, sell, or otherwise transfer your user account.
3.2. Term. Your user account will remain active no longer than your or your company’s subscription agreement to FNDN. In the event of your death, your user account will be closed. If you leave your company’s employ and your user account is connected to that company’s subscription agreement, your user account may be terminated. Your account may also be terminated earlier under “FNDN Administration; User Account Suspension and Termination.”
3.3. Password. You are responsible for safeguarding your login information. You may not share your login information with anyone, including other people within your company or its affiliates. Fortinet reserves the right to suspend or terminate your user account if Fortinet suspects you are sharing your account with others.
5. Posting Your Messages on FNDN.
5.1. Responsibility. You are solely responsible for what you post. This means you are legally liable for what you post.
5.2. Warranty. You represent and warrant that you have the proper legal rights for all information that you post on FNDN.
5.3. License. You retain your rights to any content that you post. But by posting any content on FNDN you grant Fortinet a worldwide, non-exclusive, royalty-free license to display, modify, and use any of your posted information in relation to FNDN.
6. FNDN Community Rules. You must follow the Community Rules, available at https://fndn.fortinet.net/index.php?/forums/topic/2-welcome-to-the-fortinet-developer-network-new-members-please-read/ . These rules are incorporated by reference into this Agreement.
8. Links to Third Party Websites. FNDN may contain links to third party websites. Fortinet is not responsible for information on any third party websites. Accessing any third party website is done at your own risk.
9. No Warranty. FORTINET MAKES NO WARRANTY ABOUT THE INFORMATION. THE INFORMATION IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE .
10. 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 OR DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, INDIRECT, 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 WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, OR LOSS OF INFORMATION OR DATA).
11. Trademarks. Any trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Fortinet or other third parties. You are not permitted to use these Marks without the prior written consent of Fortinet or such third party which may own the Mark. “Fortinet,” “FortiGate,” “FortiContent®,” “FortiOS,” “FortiBIOS,” and “FortiASIC” are either registered trademarks or trademarks of Fortinet Corporation in the United States or other countries. The names of actual companies and products mentioned on FNDN may be the trademarks of their respective owners.
12. Compliance with Applicable Laws and Export Controls. Both parties agree to abide by all laws and regulations, including all copyright laws, and U.S. import and export laws. Governing Law. This Agreement is governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. By using FNDN you consent to California law in regards to any dispute under this Agreement.
13. Dispute Resolution. 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, will be referred to and finally settled by arbitration. The place of arbitration will 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.
14. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to this subject matter and supersedes all prior agreements and understandings between the parties. This Agreement may be modified by Fortinet at any time. 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.