Specifications

the source code of all or any portion of the Software; (v) utilize or run the Software on more computers than you have purchased license to; (vi)
operate the Software in a fashion that exceeds the capacity or capabilities that were purchased by you.
4. THIS AGREEMENT SHALL BE EFFECTIVE UPON INSTALLATION OF THE SOFTWARE OR PRODUCT AND SHALL TERMINATE UPON
THE EARLIER OF: (A) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT OR (B) RETURN, DESTRUCTION OR
DELETION OF ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION. Rights of Barracuda Networks and your obligations shall survive
any termination of this Agreement. Upon termination of this Agreement by Barracuda Networks, You shall certify in writing to Barracuda Networks
that all copies of the Software have been destroyed or deleted from any of your computer libraries, storage devices, or any other location.
5. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE BARRACUDA SOFTWARE IS AT YOUR OWN RISK AND THAT
THE ENTIRE RISK AS TO SATISFACTION, QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. THE BARRACUDA SOFTWARE IS
PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BARRACUDA HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE BARRACUDA SOFTWARE, EITHER EXPRESSED OR IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR ANY APPLICATION, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. BARRACUDA DOES NOT WARRANT THE CONTINUED OPERATION OF THE SOFTWARE, THAT THE PERFORMANCE WILL
MEET YOUR EXPECTATIONS, THAT THE FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE ERROR
FREE OR CONTINUOUS, THAT CURRENT OR FUTURE VERSIONS OF ANY OPERATING SYSTEM WILL BE SUPPORTED, OR THAT
DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION GIVEN BY BARRACUDA OR AUTHORIZED BARRACUDA
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BARRACUDA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHERMORE BARRACUDA NETWORKS SHALL
ASSUME NO WARRANTY FOR ERRORS/BUGS, FAILURES OR DAMAGE WHICH WERE CAUSED BY IMPROPER OPERATION, USE OF
UNSUITABLE RESOURCES, ABNORMAL OPERATING CONDITIONS (IN PARTICULAR DEVIATIONS FROM THE INSTALLATION
CONDITIONS) AS WELL AS BY TRANSPORTATION DAMAGE. IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW
TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, BARRACUDA NETWORKS DOES NOT WARRANT THAT THE
SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO
INTRUSION OR ATTACK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL PROVIDE AN UNLIMITED PERPETUAL ZERO
COST LICENSE TO BARRACUDA FOR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH YOU EITHER OWN OR
CONTROL THAT ARE UTILIZED IN ANY BARRACUDA PRODUCT.
6. Termination and Fair Use Policy. BARRACUDA SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT AT ITS SOLE DISCRETION TO
DENY USE OF, OR ACCESS TO BARRACUDA SOFTWARE, IF YOU ARE DEEMED BY BARRACUDA TO BE USING THE SOFTWARE IN A
MANNER NOT REASONABLY INTENDED BY BARRACUDA OR IN VIOLATION OF ANY LAW.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BARRACUDA BE LIABLE FOR PERSONAL
INJURY OR ANY INCIDENTAL SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ABILITY TO USE OR INABILITY TO USE THE BARRACUDA SOFTWARE
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BARRACUDA HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. In no event shall Barracuda's total liability to you for all damages exceed the amount of one hundred dollars.The
following terms govern your use of the Energize Update Software except to the extent a particular program (a) is the subject of a separate written
agreement with Barracuda Networks or (b) includes a separate "click-on" license agreement as part of the installation and/or download process.
To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the written agreement, (2) the
click-on agreement, and (3) this Energize Update Software License.
8. Content Restrictions. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE,
RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER MEDIUM) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR
RECEIVE THROUGH USE OF THE PRODUCT CONTAINING THE SOFTWARE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH
PROHIBITED USE OF COPYRIGHTED CONTENT. You agree not to publish any benchmarks, measurements, or reports on the product without
Barracuda Networks’ written express approval.
9. Third Party Software. Some Software which supports Bare Metal Disaster Recovery of Microsoft Windows Vista and Microsoft Windows 2008
Operating Systems (DR6) contains and uses components of the Microsoft Windows Pre-Installation Environment (WINPE) with the following
restrictions: (i) the WINPE components in the DR6 product are licensed and not sold and may only be used with the DR6 product; (ii) DR6 is
provided "as is"; (iii) Barracuda and its suppliers reserve all rights not expressly granted; (iv) license to use DR6 and the WINPE components is
limited to use of the product as a recovery utility program only and not for use as a general purpose operating system; (v) Reverse engineering,
decompiling or disassembly of the WINPE components, except to the extent expressly permitted by applicable law, is prohibited; (vi) DR6
contains a security feature from Microsoft that will automatically reboot the system without warning after 24 hours of continuous use; (vii)
Barracuda alone will provide support for customer issues with DR6 and Microsoft and its Affiliates are released of all liability related to its use and
operation; and, (viii) DR6 is subject to U.S. export jurisdiction.
10. Trademarks. Certain portions of the product and names used in this Agreement, the Software and the documentation may constitute
trademarks of Barracuda Networks. You are not authorized to use any such trademarks for any purpose.