System information
4. This License is effective until terminated. This License is automatically terminated without notice if you fail to comply with any term of the
License. Upon termination you must destroy or return all copies of the Barracuda Software.
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, 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.
6. License. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL PROVIDE AN UNLIMITED ZERO COST LICENSE TO
BARRACUDA FOR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS UTILIZED IN THE BARRACUDA SOFTWARE WHICH
YOU EITHER OWN OR CONTROL.
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.
8. Export Control. You may not use or otherwise export or re-export Barracuda Software except as authorized by the United States law and the
laws of the jurisdiction where the Barracuda Software was obtained.
Energize Update Software License
PLEASE READ THIS ENERGIZE UPDATE SOFTWARE LICENSE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING
BARRACUDA NETWORKS OR BARRACUDA NETWORKS-SUPPLIED ENERGIZE UPDATE SOFTWARE.
BY DOWNLOADING OR INSTALLING THE ENERGIZE UPDATE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS
SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
LICENSE, THEN (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL
REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A
FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM BARRACUDA NETWORKS OR AN
AUTHORIZED BARRACUDA NETWORKS RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL PURCHASER.
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.
License. Subject to the terms and conditions of and except as otherwise provided in this Agreement, Barracuda Networks, Inc., or a Barracuda
Networks, Inc. subsidiary (collectively “Barracuda Networks”), grants to the end-user (“Customer”) a nonexclusive and nontransferable license to
use the Barracuda Networks Energize Update program modules and data files for which Customer has paid the required license fees (the
“Energize Update Software”). In addition, the foregoing license shall also be subject to the following limitations, as applicable:
Unless otherwise expressly provided in the documentation, Customer shall use the Energize Update Software 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 Customer; Customer's use of the Energize Update Software shall be limited to use on a
single hardware chassis, on a single central processing unit, as applicable, or use on such greater number of chassis or central processing units
as Customer may have paid Barracuda Networks the required license fee; and Customer's use of the Energize Update Software shall also be
limited, as applicable and set forth in Customer's purchase order or in Barracuda Networks' product catalog, user documentation, or web site, to a
maximum number of (a) seats (i.e. users with access to the installed Energize Update Software), (b) concurrent users, sessions, ports, and/or
issued and outstanding IP addresses, and/or (c) central processing unit cycles or instructions per second. Customer's use of the Energize Update
Software shall also be limited by any other restrictions set forth in Customer's purchase order or in Barracuda Networks' product catalog, user
documentation or web site for the Energize Update Software.
General Limitations. Except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically
agrees not to: