Barracuda Networks 4 manual Barracuda Backup Service Administrator’s Guide

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.

56 Barracuda Backup Service Administrator’s Guide