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 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”) CON-
STITUTES ACCEPTANCE BY YOU OF THE PROVISIONS IN THIS AGREEMENT. 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. YOUR INSTALLATION OR USE OF ANY PRODUCT REPRESENTS AGREEMENT TO THE TERMS HEREIN, AS
AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. 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 PROVISIONS OF THIS
AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT RETURN THE PRODUCTS TO
THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND FROM THE PARTNER SELLING TO YOU.
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 documenta-
tion, 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 appli-
ances 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, 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 Soft-
ware 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, or (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers.
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.
4. Term and Termination.
Except for evaluation and beta licenses or other licenses where the term of the license is limited per the evaluation/beta or other agreement or in the ordering docu-
ments, 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. 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. The provisions of this Agreement, other
than the license granted in section 1 (“License Grant”), shall survive termination.
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, you are not authorized to sell Product(s) or Software, but, regardless, by selling Product(s) or Software, 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.
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 registered on Fortinet’s Support Website: https://support.fortinet.com;
For the below software warranty to start, registration
must take place within
three hundred sixty-five (365) days from the date the Product was originally shipped from Fortinet’s facilities or the warranty is null and void and
will not be honored.
For the hardware warranty, such warranty starts on the earlier of the date of Product registration on Fortinet’s Support Website or ninety (90) days
from the date that the Product was originally shipped from Fortinet’s facilities.
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,
i.e. ninety (90) days from the earlier of registration or the automatically started term for hardware and spare parts claims and three hundred sixty-five (365) days from
registration within three hundred sixty-five (365) days from shipment for software claims.
Fortinet provides no warranty for any beta, donation or evaluation Products,
for any spare parts not purchased directly from Fortinet by the end-user, for any accessories, or for any stand-alone software.
Fortinet warrants that the hardware portion of the Products, including spare parts unless noted otherwise (“Hardware”) will be free from material defects in workman-
ship as compared to the functional specifications for the period set forth as follows and applicable to the Product type (“Hardware Warranty Period”): a three hundred
sixty-five (365) day limited warranty for the Hardware excluding spare parts, and, for spare parts, solely a ninety (90) days limited warranty.
Fortinet’s sole obligation
shall be to repair or replace the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labor or installation costs, and any
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other cost which are not directly associated to the Product.
Such repair or replacement will be rendered by Fortinet at an authorized Fortinet service facility as deter-
mined 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 the software portion of Hardware Products 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 oper-
ated as contemplated in its documentation. Fortinet’s sole obligation shall be to repair or replace the non-conforming Software with software that substantially conforms
to Fortinet’s functional specifications. Except as otherwise agreed by Fortinet in writing, the 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
replacement software is delivered. If Fortinet determines in its reasonable discretion that a material non-conformance 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 ter-
minates 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 FORTIFONE WHICH HAS A NINETY (90) DAY LIMITED WARRANTY AND 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, INCLUDING FORTIGATE-ONE AND VDOM
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, or maintained in accordance with instructions supplied by Fortinet, (c)
has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, donation, testing or demonstration
purposes or for which Fortinet does not charge a purchase price or license fee.
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.
8. Governing Law.
This Agreement and the warranty herein shall be governed by the laws of the state of California, without regards to the conflicts of laws principles thereof.
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, DAMAGE TO
PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF IN-
FORMATION 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 REPAIR, REPLACE-
MENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
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 www.bis.doc.gov.
Fortinet assumes
no responsibility or liability for your failure to obtain any necessary import and export approvals.
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 represent that you understand, and you hereby agree
to comply with, all requirements of the U.S. Foreign Corrupt Practices Act and all other applicable laws.
For beta, testing, evaluation, donation or free Products and/
or related services, you hereby agree, represent and warrant to Fortinet that (a) receipt of the Products and/or services comply with all policies and you have obtained
all necessary approvals for such Products and/or services, (b) the Products and/or services are not provided in exchange for Fortinet maintaining current business or
for new business opportunities, and (c) the Products and/or services are not being received for the benefit of, and are not being transferred to, any government entity,
representative or affiliate.
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. In the event of any claim arising out of this Agree-
ment, the parties hereby submit to the jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable. 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.
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14. Privacy.
By entering into this Agreement, you agree and consent that Fortinet may collect, retain and use personal information supplied, including name, address, and e-mail
address of individuals and payment details and other information.
Personal information will be used primarily to provide services and product functionality to end users.
Fortinet may also use personal information for additional communication, subject to an opt-out notice provided by you in writing per below.
Fortinet may engage other
companies and individuals to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service.
Fortinet may
share personal information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information
for other purposes, unless you agree.
By entering into this Agreement, you agree and consent to the transfer the supplied personal information to Fortinet’s offices in
the United States and elsewhere, for the purposes stated above.
For more detailed information on the collection, use and transfer of your personal information, and
for information on how to opt out of or unsubscribe from the communications described above, please read the Fortinet privacy policy on the Fortinet web site (www.
Fortinet.com).
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 touse,
copy, modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access to the source code (“Open Source Software”). The
GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be
made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open
Source Software licenses require that Fortinet provide rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this
agreement, then such rights shall take precedence over the rights and restrictions herein.
Fortinet will provide, for a charge reflecting our standard distribution costs,
the complete machine-readable copy of the modified software modules.
To obtain a complete machine-readable copy, please send your written request, along with
a check in the amount of US $25.00, to General Public License Source Code Request, Fortinet, Inc., 1090 Kifer Rd, Sunnyvale, CA 94086 USA.
In order to receive the
modified software modules, you must also include the following information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased
(if applicable), (f) Product Serial Number (if applicable).
All open source software modules are licensed free of charge.
There is no warranty for these modules, to the
extent permitted by applicable law.
The copyright holders provide these software modules “AS-IS” without warranty of any kind, either expressed or implied.
In no
event will the copyright holder for the open source software be liable to you for damages, including any special, incidental or consequential damages arising out of the
use or inability to use the software modules, even if such holder has been advised of the possibility of such damages. A full copy of this license, including additional
open source software license disclosures and third party license disclosures applicable to certain Fortinet products, may obtained by contacting Fortinet’s Legal Depart-
GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA
02111-1307
USA
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General
Public License.
The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under
copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language.
(Hereinafter,
translation is included without limitation in the term “modification”.)
Each licensee is addressed as “you”.
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.
The act of running the Program is not restricted,
and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately pub-
lish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you
may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or
work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole
at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way,
to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and
that users may redistribute the program under these conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive
but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole.
If identifiable sections of that work are not derived from the Program, and can be reasonably considered
independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works.
But when
you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose
permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it..
Thus, it is not the intent of this section to claim
rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on
the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage
or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above
provided that you also do one of the following:
a)
Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections1 and 2 above on a medium
customarily used for software interchange; or,
b)
Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribu-
tion, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used
for software interchange; or,
c)
Accompany it with the information you received as to the offer to distribute corresponding source code.
(This alternative is allowed only for noncommercial distribu-
tion and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Source code for a work means the preferred form of the work for making modifications to it.
For an executable work, complete source code means all the source
code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable.
However,
as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of execut-
able or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License.
Any attempt otherwise to copy, modify, sublicense or
distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program or its
derivative works.
These actions are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
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6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute
or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You
are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you
(whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License.
If you cannot
distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the
Program at all.
For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through
you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a
whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the
sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices.
Many people have made generous
contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if
he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places
the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among
countries not thus excluded.
In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit
to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number.
If the Program specifies a
version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later
version published by the Free Software Foundation.
If the Program does not specify a version number of this License, you may choose any version ever published by the
Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission.
For
software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this.
Our decision will be
guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11.
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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