Barracuda Networks 4 Limited Warranty and License, Barracuda Networks Limited Hardware Warranty v

Appendix B

Limited Warranty and License

Barracuda Networks Limited Hardware Warranty (v 2.1)

Barracuda Networks, Inc., or the Barracuda Networks, Inc. subsidiary or authorized Distributor selling the Barracuda Networks product, if sale is not directly by Barracuda Networks, Inc., ("Barracuda Networks") warrants that commencing from the date of delivery to Customer (but in case of resale by a Barracuda Networks reseller, commencing not more than sixty (60) days after original shipment by Barracuda Networks, Inc.), and continuing for a period of one (1) year: (a) its products (excluding any software) will be free from material defects in materials and workmanship under normal use; and (b) the software provided in connection with its products, including any software contained or embedded in such products will substantially conform to Barracuda Networks published specifications in effect as of the date of manufacture. Except for the foregoing, the software is provided as is. In no event does Barracuda Networks warrant that the software is error free or that Customer will be able to operate the 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 software or any equipment, system or network on which the software is used will be free of vulnerability to intrusion or attack. The limited warranty extends only to you the original buyer of the Barracuda Networks product and is non-transferable.

Exclusive Remedy

Your sole and exclusive remedy and the entire liability of Barracuda Networks under this limited warranty shall be, at Barracuda Networks or its service centers option and expense, the repair, replacement or refund of the purchase price of any products sold which do not comply with this warranty. Hardware replaced under the terms of this limited warranty may be refurbished or new equipment substituted at Barracuda Networks’ option. Barracuda Networks obligations hereunder are conditioned upon the return of affected articles in accordance with Barracuda Networks then-current Return Material Authorization ("RMA") procedures. All parts will be new or refurbished, at Barracuda Networks’ discretion, and shall be furnished on an exchange basis. All parts removed for replacement will become the property of Barracuda Networks. In connection with warranty services hereunder, Barracuda Networks may at its discretion modify the hardware of the product at no cost to you to improve its reliability or performance. The warranty period is not extended if Barracuda Networks repairs or replaces a warranted product or any parts. Barracuda Networks may change the availability of limited warranties, at its discretion, but any changes will not be retroactive. IN NO EVENT SHALL BARRACUDA NETWORKS LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION.

Exclusions and Restrictions

This limited warranty does not apply to Barracuda Networks products that are or have been (a) marked or identified as "sample" or "beta," (b) loaned or provided to you at no cost, (c) sold "as is,"

(d)repaired, altered or modified except by Barracuda Networks, (e) not installed, operated or maintained in accordance with instructions supplied by Barracuda Networks, or (f) subjected to abnormal physical or electrical stress, misuse, negligence or to an accident.

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