System information
list price, provided such Energize Update Service is available. All initial subscriptions commence at the time of sale of the unit and all renewals
commence at the expiration of the previous valid subscription.
In no event does Barracuda Networks warrant that the Energize Update Software is error free or that Customer will be able to operate the
Energize Update Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon
and attacking networks, Barracuda Networks does not warrant that the Energize Update Software or any equipment, system or network on which
the Energize Update Software is used will be free of vulnerability to intrusion or attack.
DISCLAIMER OF WARRANTY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE
HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
General Terms Applicable to the Energize Update Software License Disclaimer of Liabilities. IN NO EVENT WILL BARRACUDA NETWORKS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO
USE THE ENERGIZE UPDATE SOFTWARE EVEN IF BARRACUDA NETWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall Barracuda Networks' liability to Customer, whether in contract, tort (including negligence),
or otherwise, exceed the price paid by Customer. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Energize Update Software License shall be governed by and construed in accordance with the laws of the State of California, without
reference to principles of conflict of laws, provided that for Customers located in a member state of the European Union, Norway or Switzerland,
English law shall apply. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void
or unenforceable, the remaining provisions of the Energize Update Software License shall remain in full force and effect. Except as expressly
provided herein, the Energize Update Software License constitutes the entire agreement between the parties with respect to the license of the
Energize Update Software and supersedes any conflicting or additional terms contained in the purchase order.
Open Source Licensing
Barracuda products may include programs that are covered by the GNU General Public License (GPL) or other “open source” license
agreements. The GNU license is re-printed below for you reference. These programs are copyrighted by their authors or other parties, and the
authors and copyright holders disclaim any warranty for such programs. Other programs are copyright by Barracuda Networks.
GNU GENERAL PUBLIC LICENSE, (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General
Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some
other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have
the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it,
that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These
restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You
must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute
and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If