Specifications

11. Export Restrictions. You may not export or re-export the Software without: (a) the prior written consent of Barracuda Networks, (b) complying
with applicable export control laws, including, but not limited to, restrictions and regulations of the Department of Commerce or other United
States agency or authority and the applicable EU directives, and (c) obtaining any necessary permits and licenses. In any event, you may not
transfer or authorize the transfer of the Software to a prohibited territory or country or otherwise in violation of any applicable restrictions or
regulations. If you are a United States Government agency the Software and documentation qualify as "commercial items", as that term is defined
at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and
notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated,
Government end user will acquire the Software and documentation with only those rights set forth in this Agreement. Use of either the Software or
documentation or both constitutes agreement by the Government that the Software and documentation are "commercial computer software" and
"commercial computer software documentation", and constitutes acceptance of the rights and restrictions herein.
12. General. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA WITH JURISDICTION OF SANTA
CLARA COUNTY, CALIFORNIA, UNLESS YOUR HEADQUARTERS IS LOCATED IN SWITZERLAND, THE EU, OR JAPAN. IF YOUR
HEADQUARTERS IS LOCATED IN SWITZERLAND THE SWISS MATERIAL LAW SHALL BE USED AND THE JURISDICTION SHALL BE
ZURICH. IF YOUR HEADQUARTERS IS LOCATED IN THE EU, AUSTRIAN LAW SHALL BE USED AND JURISDICTION SHALL BE
INNSBRUCK. IF YOUR HEADQUARTERS IS LOCATED IN JAPAN, JAPANESE LAW SHALL BE USED AND JURISDICTION SHALL BE
TOKYO. THIS AGREEMENT WILL NOT BE SUBJECT TO ANY CONFLICT-OF-LAWS PRINCIPLES IN ANY JURISDICTION. THIS
AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS.
This Agreement is the entire agreement between You and Barracuda Networks regarding the subject matter herein and supersedes any other
communications with respect to the Software. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement
will continue in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right
to enforce rights with respect to the same or any other breach.
13. Assignability. You may not assign any rights or obligations hereunder without prior written consent from Barracuda Networks.
14. Billing Issues. You must notify Barracuda of any billing problems or discrepancies within sixty (60) days after they first appear on the
statement you receive from your bank, Credit Card Company, other billing company or Barracuda Networks. If you do not bring such problems or
discrepancies to Barracuda Networks attention within the sixty (60) day period, you agree that you waive the right to dispute such problems or
discrepancies.
15. Collection of Data. You agree to allow Barracuda Networks to collect information ("Statistics") from the Software in order to fight spam, virus,
and other threats as well as optimize and monitor the Software. Information will be collected electronically and automatically. Statistics include,
but are not limited to, the number of messages processed, the number of messages that are categorized as spam, the number of virus and types,
IP addresses of the largest spam senders, the number of emails classified for Bayesian analysis, capacity and usage, and other statistics. Your
data will be kept private and will only be reported in aggregate by Barracuda Networks.
16. Subscriptions. Software updates and subscription information provided by Barracuda Energize Updates or other services may be necessary
for the continued operation of the Software. You acknowledge that such a subscription may be necessary. Furthermore some functionality may
only be available with additional subscription purchases. Obtaining Software updates on systems where no valid subscription has been purchased
or obtaining functionality where subscription has not been purchased is strictly forbidden and in violation of this Agreement. All initial subscriptions
commence at the time of activation and all renewals commence at the expiration of the previous valid subscription. Unless otherwise expressly
provided in the documentation, you shall use the Energize Updates Service and other subscriptions solely as embedded in, for execution on, or
(where the applicable documentation permits installation on non-Barracuda Networks equipment) for communication with Barracuda Networks
equipment owned or leased by you. All subscriptions are non-transferrable. Barracuda Networks makes no warranty that subscriptions will
continue un-interrupted. Subscription may be terminated without notice by Barracuda Networks for lack of full payment.
17. Auto Renewals. If your Software purchase is a time based license, includes software maintenance, or includes a subscription, you hereby
agree to automatically renew this purchase when it expires unless you notify Barracuda 15 days before the renewal date. Barracuda Networks will
automatically bill you or charge you unless notified 15 days before the renewal date.
18. Time Base License. If your Software purchase is a time based license you expressly acknowledge that the Software will stop functioning at
the time the license expires. You expressly indemnify and hold harmless Barracuda Networks for any and all damages that may occur because of
this.
19. Support. Telephone, email and other forms of support will be provided to you if you have purchased a product that includes support. The
hours of support vary based on country and the type of support purchased. Barracuda Networks Energize Updates typically include Basic support.
20. Changes. Barracuda Networks reserves the right at any time not to release or to discontinue release of any Software or Subscription and to
alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future
releases of the Software or Subscriptions.
21. Open Source Licensing. Barracuda Networks products may include programs that are covered by the GNU General Public License (GPL) or
other Open Source license agreements, in particular the Linux operating system. It is expressly put on record that the Software does not